Public Act 102-0020

HB0806 Enrolled LRB102 02614 SPS 12617 b

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Regulatory Sunset Act is amended by

changing Sections 4.32 and 4.37 as follows:

(5 ILCS 80/4.32)

Sec. 4.32. Acts repealed on January 1, 2022. The following

Acts are repealed on January 1, 2022:

The Boxing and Full-contact Martial Arts Act.

The Cemetery Oversight Act.

The Collateral Recovery Act.

The Community Association Manager Licensing and

Disciplinary Act.

The Crematory Regulation Act.

The Detection of Deception Examiners Act.

The Home Inspector License Act.

The Illinois Health Information Exchange and Technology

Act.

The Medical Practice Act of 1987.

The Registered Interior Designers Act.

The Massage Licensing Act.

The Petroleum Equipment Contractors Licensing Act.

The Radiation Protection Act of 1990.

The Real Estate Appraiser Licensing Act of 2002.

The Water Well and Pump Installation Contractor's License

Act.

(Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19;

101-614, eff. 12-20-19; 101-639, eff. 6-12-20.)

(5 ILCS 80/4.37)

Sec. 4.37. Acts and Articles repealed on January 1, 2027.

The following are repealed on January 1, 2027:

The Clinical Psychologist Licensing Act.

The Illinois Optometric Practice Act of 1987.

Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,

XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.

The Boiler and Pressure Vessel Repairer Regulation Act.

The Marriage and Family Therapy Licensing Act.

The Boxing and Full-contact Martial Arts Act.

The Cemetery Oversight Act.

The Community Association Manager Licensing and

Disciplinary Act.

The Detection of Deception Examiners Act.

The Home Inspector License Act.

The Massage Licensing Act.

The Medical Practice Act of 1987.

The Petroleum Equipment Contractors Licensing Act.

The Radiation Protection Act of 1990.

The Real Estate Appraiser Licensing Act of 2002.

The Registered Interior Designers Act.

(Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16;

99-910, eff. 12-16-16; 99-911, eff. 12-16-16; 100-201, eff.

8-18-17; 100-372, eff. 8-25-17.)

Section 10. The Department of Professional Regulation Law

of the Civil Administrative Code of Illinois is amended by

changing Sections 2105-35 and 2105-120 as follows:

(20 ILCS 2105/2105-35)

Sec. 2105-35. Prohibited uses of roster of information.

Notwithstanding any other provision of law to the contrary,

any roster of information including, but not limited to, the

licensee's name, address, and profession, shall not be used by

a third party for the purpose of marketing goods or services

not related to the licensee's profession. Rosters provided by

the Department shall comply with the requirements set forth

under the Freedom of Information Act.

(Source: P.A. 96-978, eff. 7-2-10.)

(20 ILCS 2105/2105-120) (was 20 ILCS 2105/60g)

Sec. 2105-120. Board's report; licensee's or applicant's

motion for rehearing.

(a) The board shall present to the Secretary Director its

written report of its findings and recommendations. A copy of

the report shall be served upon the licensee or applicant,

either personally or by mail or email as provided in Section

2105-100 for the service of the notice. The Secretary may

issue an order that deviates from the board's report and is not

required to provide the board with an explanation of the

deviation.

(b) Within 20 days after the service required under

subsection (a), the licensee or applicant may present to the

Department a motion in writing for a rehearing. The written

motion shall specify the particular grounds for a rehearing.

If the licensee or applicant orders and pays for a transcript

of the record as provided in Section 2105-115, the time

elapsing thereafter and before the transcript is ready for

delivery to the licensee or applicant shall not be counted as

part of the 20 days.

(Source: P.A. 99-227, eff. 8-3-15; 100-262, eff. 8-22-17.)

Section 15. The Massage Licensing Act is amended by

changing Sections 1, 10, 15, 25, 32, 45, 50, 60, and 95 and by

adding Section 12 as follows:

(225 ILCS 57/1)

(Section scheduled to be repealed on January 1, 2022)

Sec. 1. Short title. This Act may be cited as the Massage

Therapy Practice Licensing Act.

(Source: P.A. 92-860, eff. 6-1-03.)

(225 ILCS 57/10)

(Section scheduled to be repealed on January 1, 2022)

Sec. 10. Definitions. As used in this Act:

"Address of Record" means the designated address recorded

by the Department in the applicant's or licensee's application

file or license file as maintained by the Department's

licensure maintenance unit. It is the duty of the applicant or

licensee to inform the Department of any change of address and

those changes must be made either through the Department's

website or by contacting the Department.

"Approved massage school" means a facility which meets

minimum standards for training and curriculum as determined by

the Department.

"Board" means the Massage Licensing Board appointed by the

Secretary.

"Compensation" means the payment, loan, advance, donation,

contribution, deposit, or gift of money or anything of value.

"Department" means the Department of Financial and

Professional Regulation.

"Email address of record" means the designated email

address recorded by the Department in the applicant's

application file or the licensee's license file, as maintained

by the Department's licensure maintenance unit.

"Massage" or "massage therapy" means a system of

structured palpation or movement of the soft tissue of the

body. The system may include, but is not limited to,

techniques such as effleurage or stroking and gliding,

petrissage or kneading, tapotement or percussion, friction,

vibration, compression, and stretching activities as they

pertain to massage therapy. These techniques may be applied by

a licensed massage therapist with or without the aid of

lubricants, salt or herbal preparations, hydromassage, thermal

massage, or a massage device that mimics or enhances the

actions possible by human hands. The purpose of the practice

of massage, as licensed under this Act, is to enhance the

general health and well-being of the mind and body of the

recipient. "Massage" does not include the diagnosis of a

specific pathology. "Massage" does not include those acts of

physical therapy or therapeutic or corrective measures that

are outside the scope of massage therapy practice as defined

in this Section.

"Massage therapist" means a person who is licensed by the

Department and administers massage for compensation.

"Professional massage or bodywork therapy association"

means a state or nationally chartered organization that is

devoted to the massage specialty and therapeutic approach and

meets the following requirements:

(1) The organization requires that its members meet

minimum educational requirements. The educational

requirements must include anatomy, physiology, hygiene,

sanitation, ethics, technical theory, and application of

techniques.

(2) The organization has an established code of ethics

and has procedures for the suspension and revocation of

membership of persons violating the code of ethics.

"Secretary" means the Secretary of Financial and

Professional Regulation.

(Source: P.A. 97-514, eff. 8-23-11.)

(225 ILCS 57/12 new)

Sec. 12. Address of record; email address of record. All

applicants and licensees shall:

(1) provide a valid address and email address to the

Department, which shall serve as the address of record and

email address of record, respectively, at the time of

application for licensure or renewal of a license; and

(2) inform the Department of any change of address of

record or email address of record within 14 days after

such change either through the Department's website or by

contacting the Department's licensure maintenance unit.

(225 ILCS 57/15)

(Section scheduled to be repealed on January 1, 2022)

Sec. 15. Licensure requirements.

(a) Persons engaged in massage for compensation must be

licensed by the Department. The Department shall issue a

license to an individual who meets all of the following

requirements:

(1) The applicant has applied in writing on the

prescribed forms and has paid the required fees.

(2) The applicant is at least 18 years of age and of

good moral character. In determining good moral character,

the Department may take into consideration conviction of

any crime under the laws of the United States or any state

or territory thereof that is a felony or a misdemeanor or

any crime that is directly related to the practice of the

profession. Such a conviction shall not operate

automatically as a complete bar to a license, except in

the case of any conviction for prostitution, rape, or

sexual misconduct, or where the applicant is a registered

sex offender.

(3) The applicant has met one of the following

requirements: (A) has successfully completed a massage

therapy program approved by the Department that requires a

minimum of 500 hours, except applicants applying on or

after January 1, 2014 shall meet a minimum requirement of

600 hours, and has passed a competency examination

approved by the Department. ; (B) holds a current license

from another jurisdiction having licensure requirements

that include the completion of a massage therapy program

of at least 500 hours; or (C) (blank).

(b) Each applicant for licensure as a massage therapist

shall have his or her fingerprints submitted to the Department

of State Police in an electronic format that complies with the

form and manner for requesting and furnishing criminal history

record information as prescribed by the Department of State

Police. These fingerprints shall be checked against the

Department of State Police and Federal Bureau of Investigation

criminal history record databases now and hereafter filed. The

Department of State Police shall charge applicants a fee for

conducting the criminal history records check, which shall be

deposited into the State Police Services Fund and shall not

exceed the actual cost of the records check. The Department of

State Police shall furnish, pursuant to positive

identification, records of Illinois convictions to the

Department. The Department may require applicants to pay a

separate fingerprinting fee, either to the Department or to a

vendor. The Department, in its discretion, may allow an

applicant who does not have reasonable access to a designated

vendor to provide his or her fingerprints in an alternative

manner. The Department may adopt any rules necessary to

implement this Section.

(Source: P.A. 97-514, eff. 8-23-11.)

(225 ILCS 57/25)

(Section scheduled to be repealed on January 1, 2022)

Sec. 25. Exemptions.

(a) This Act does not prohibit a person licensed under any

other Act in this State from engaging in the practice for which

he or she is licensed.

(b) Persons exempted under this Section include, but are

not limited to, physicians, podiatric physicians, naprapaths,

and physical therapists.

(c) Nothing in this Act prohibits qualified members of

other professional groups, including but not limited to

nurses, occupational therapists, cosmetologists, and

estheticians, from performing massage in a manner consistent

with their training and the code of ethics of their respective

professions.

(d) Nothing in this Act prohibits a student of an approved

massage school or program from performing massage, provided

that the student does not hold himself or herself out as a

licensed massage therapist and does not receive compensation,

including tips, for massage therapy services.

(e) Nothing in this Act prohibits practitioners that do

not involve intentional soft tissue manipulation, including

but not limited to Alexander Technique, Feldenkrais, Reike,

and Therapeutic Touch, from practicing.

(f) Practitioners of certain service marked bodywork

approaches that do involve intentional soft tissue

manipulation, including but not limited to Rolfing, Trager

Approach, Polarity Therapy, and Orthobionomy, are exempt from

this Act if they are approved by their governing body based on

a minimum level of training, demonstration of competency, and

adherence to ethical standards.

(g) Until January 1, 2024 2020, practitioners of Asian

bodywork approaches are exempt from this Act if they are

members of the American Organization for of Bodywork Therapies

of Asia are exempt from licensure under this Act as certified

practitioners or if they are approved by an Asian bodywork

organization based on a minimum level of training,

demonstration of competency, and adherence to ethical

standards set by their governing body.

(h) Practitioners of other forms of bodywork who restrict

manipulation of soft tissue to the feet, hands, and ears, and

who do not have the client disrobe, such as reflexology, are

exempt from this Act.

(i) Nothing in this Act applies to massage therapists from

other states or countries when providing educational programs

or services for a period not exceeding 30 days within a

calendar year.

(j) Nothing in this Act prohibits a person from treating

ailments by spiritual means through prayer alone in accordance

with the tenets and practices of a recognized church or

religious denomination.

(k) Nothing in this Act applies to the practice of massage

therapy by a person either actively licensed as a massage

therapist in another state or currently certified by the

National Certification Board of Therapeutic Massage and

Bodywork or other national certifying body if said person's

state does not license massage therapists, if he or she is

performing his or her duties for a Department-approved

educational program for less than 30 days in a calendar year, a

Department-approved continuing education program for less than

30 days in a calendar year, a non-Illinois based team or

professional organization, or for a national athletic event

held in this State, so long as he or she restricts his or her

practice to his or her team or organization or to event

participants during the course of his or her team's or

organization's stay in this State or for the duration of the

event.

(Source: P.A. 101-421, eff. 8-16-19.)

(225 ILCS 57/32)

(Section scheduled to be repealed on January 1, 2022)

Sec. 32. Display. Every holder of a license shall display

it, or a copy, in a conspicuous place in the holder's principal

office or any other location where the holder renders massage

therapy services. Every displayed license shall have the

license number visible.

(Source: P.A. 97-514, eff. 8-23-11.)

(225 ILCS 57/45)

(Section scheduled to be repealed on January 1, 2022)

Sec. 45. Grounds for discipline.

(a) The Department may refuse to issue or renew, or may

revoke, suspend, place on probation, reprimand, or take other

disciplinary or non-disciplinary action, as the Department

considers appropriate, including the imposition of fines not

to exceed $10,000 for each violation, with regard to any

license or licensee for any one or more of the following:

(1) violations of this Act or of the rules adopted

under this Act;

(2) conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or by

sentencing of any crime, including, but not limited to,

convictions, preceding sentences of supervision,

conditional discharge, or first offender probation, under

the laws of any jurisdiction of the United States: (i)

that is a felony; or (ii) that is a misdemeanor, an

essential element of which is dishonesty, or that is

directly related to the practice of the profession;

(3) professional incompetence;

(4) advertising in a false, deceptive, or misleading

manner, including failing to use the massage therapist's

own license number in an advertisement;

(5) aiding, abetting, assisting, procuring, advising,

employing, or contracting with any unlicensed person to

practice massage contrary to any rules or provisions of

this Act;

(6) engaging in immoral conduct in the commission of

any act, such as sexual abuse, sexual misconduct, or

sexual exploitation, related to the licensee's practice;

(7) engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public;

(8) practicing or offering to practice beyond the

scope permitted by law or accepting and performing

professional responsibilities which the licensee knows or

has reason to know that he or she is not competent to

perform;

(9) knowingly delegating professional

responsibilities to a person unqualified by training,

experience, or licensure to perform;

(10) failing to provide information in response to a

written request made by the Department within 60 days;

(11) having a habitual or excessive use of or

addiction to alcohol, narcotics, stimulants, or any other

chemical agent or drug which results in the inability to

practice with reasonable judgment, skill, or safety;

(12) having a pattern of practice or other behavior

that demonstrates incapacity or incompetence to practice

under this Act;

(13) discipline by another state, District of

Columbia, territory, or foreign nation, if at least one of

the grounds for the discipline is the same or

substantially equivalent to those set forth in this

Section;

(14) a finding by the Department that the licensee,

after having his or her license placed on probationary

status, has violated the terms of probation;

(15) willfully making or filing false records or

reports in his or her practice, including, but not limited

to, false records filed with State agencies or

departments;

(16) making a material misstatement in furnishing

information to the Department or otherwise making

misleading, deceptive, untrue, or fraudulent

representations in violation of this Act or otherwise in

the practice of the profession;

(17) fraud or misrepresentation in applying for or

procuring a license under this Act or in connection with

applying for renewal of a license under this Act;

(18) inability to practice the profession with

reasonable judgment, skill, or safety as a result of

physical illness, including, but not limited to,

deterioration through the aging process, loss of motor

skill, or a mental illness or disability;

(19) charging for professional services not rendered,

including filing false statements for the collection of

fees for which services are not rendered;

(20) practicing under a false or, except as provided

by law, an assumed name; or

(21) cheating on or attempting to subvert the

licensing examination administered under this Act.

All fines shall be paid within 60 days of the effective

date of the order imposing the fine.

(b) A person not licensed under this Act and engaged in the

business of offering massage therapy services through others,

shall not aid, abet, assist, procure, advise, employ, or

contract with any unlicensed person to practice massage

therapy contrary to any rules or provisions of this Act. A

person violating this subsection (b) shall be treated as a

licensee for the purposes of disciplinary action under this

Section and shall be subject to cease and desist orders as

provided in Section 90 of this Act.

(c) The Department shall revoke any license issued under

this Act of any person who is convicted of prostitution, rape,

sexual misconduct, or any crime that subjects the licensee to

compliance with the requirements of the Sex Offender

Registration Act and any such conviction shall operate as a

permanent bar in the State of Illinois to practice as a massage

therapist.

(d) The Department may refuse to issue or may suspend the

license of any person who fails to file a tax return, to pay

the tax, penalty, or interest shown in a filed tax return, or

to pay any final assessment of tax, penalty, or interest, as

required by any tax Act administered by the Illinois

Department of Revenue, until such time as the requirements of

the tax Act are satisfied in accordance with subsection (g) of

Section 2105-15 of the Civil Administrative Code of Illinois.

(e) (Blank).

(f) In cases where the Department of Healthcare and Family

Services has previously determined that a licensee or a

potential licensee is more than 30 days delinquent in the

payment of child support and has subsequently certified the

delinquency to the Department, the Department may refuse to

issue or renew or may revoke or suspend that person's license

or may take other disciplinary action against that person

based solely upon the certification of delinquency made by the

Department of Healthcare and Family Services in accordance

with item (5) of subsection (a) of Section 2105-15 of the Civil

Administrative Code of Illinois.

(g) The determination by a circuit court that a licensee

is subject to involuntary admission or judicial admission, as

provided in the Mental Health and Developmental Disabilities

Code, operates as an automatic suspension. The suspension will

end only upon a finding by a court that the patient is no

longer subject to involuntary admission or judicial admission

and the issuance of a court order so finding and discharging

the patient.

(h) In enforcing this Act, the Department or Board, upon a

showing of a possible violation, may compel an individual

licensed to practice under this Act, or who has applied for

licensure under this Act, to submit to a mental or physical

examination, or both, as required by and at the expense of the

Department. The Department or Board may order the examining

physician to present testimony concerning the mental or

physical examination of the licensee or applicant. No

information shall be excluded by reason of any common law or

statutory privilege relating to communications between the

licensee or applicant and the examining physician. The

examining physicians shall be specifically designated by the

Board or Department. The individual to be examined may have,

at his or her own expense, another physician of his or her

choice present during all aspects of this examination. The

examination shall be performed by a physician licensed to

practice medicine in all its branches. Failure of an

individual to submit to a mental or physical examination, when

directed, shall result in an automatic suspension without

hearing.

A person holding a license under this Act or who has

applied for a license under this Act who, because of a physical

or mental illness or disability, including, but not limited

to, deterioration through the aging process or loss of motor

skill, is unable to practice the profession with reasonable

judgment, skill, or safety, may be required by the Department

to submit to care, counseling, or treatment by physicians

approved or designated by the Department as a condition, term,

or restriction for continued, reinstated, or renewed licensure

to practice. Submission to care, counseling, or treatment as

required by the Department shall not be considered discipline

of a license. If the licensee refuses to enter into a care,

counseling, or treatment agreement or fails to abide by the

terms of the agreement, the Department may file a complaint to

revoke, suspend, or otherwise discipline the license of the

individual. The Secretary may order the license suspended

immediately, pending a hearing by the Department. Fines shall

not be assessed in disciplinary actions involving physical or

mental illness or impairment.

In instances in which the Secretary immediately suspends a

person's license under this Section, a hearing on that

person's license must be convened by the Department within 15

days after the suspension and completed without appreciable

delay. The Department and Board shall have the authority to

review the subject individual's record of treatment and

counseling regarding the impairment to the extent permitted by

applicable federal statutes and regulations safeguarding the

confidentiality of medical records.

An individual licensed under this Act and affected under

this Section shall be afforded an opportunity to demonstrate

to the Department or Board that he or she can resume practice

in compliance with acceptable and prevailing standards under

the provisions of his or her license.

(Source: P.A. 100-872, eff. 8-14-18.)

(225 ILCS 57/50)

(Section scheduled to be repealed on January 1, 2022)

Sec. 50. Advertising. It is a misdemeanor for any person,

organization, or corporation to advertise massage services

unless the person providing the service holds a valid license

under this Act, except for those excluded licensed

professionals who are allowed to include massage in their

scope of practice. A massage therapist may not advertise

unless he or she has a current license issued by this State. A

massage therapist shall include the current license number

issued by the Department on all advertisements in accordance

with paragraph (4) of subsection (a) of Section 45.

"Advertise" as used in this Section includes, but is not

limited to, the issuance of any card, sign, or device to any

person; the causing, permitting, or allowing of any sign or

marking on or in any building, vehicle, or structure;

advertising in any newspaper or magazine; any listing or

advertising in any directory under a classification or heading

that includes the words "massage", "massage therapist",

"therapeutic massage", or "massage therapeutic"; or

commercials broadcast by any means.

(Source: P.A. 92-860, eff. 6-1-03.)

(225 ILCS 57/60)

(Section scheduled to be repealed on January 1, 2022)

Sec. 60. Illinois Administrative Procedure Act. The

Illinois Administrative Procedure Act is hereby expressly

adopted and incorporated herein as if all of the provisions of

that Act were included in this Act, except that the provision

of subsection (d) of Section 10-65 of the Illinois

Administrative Procedure Act that provides that at hearings

the licensee has the right to show compliance with all lawful

requirements for retention, continuation, or renewal of the

license is specifically excluded. For the purposes of this Act

the notice required under Section 10-25 of the Illinois

Administrative Procedure Act is deemed sufficient when mailed

to the address of record or emailed to the email address of

record of a party.

(Source: P.A. 97-514, eff. 8-23-11.)

(225 ILCS 57/95)

(Section scheduled to be repealed on January 1, 2022)

Sec. 95. Investigations; notice and hearing. The

Department may investigate the actions of any applicant or of

any person or persons rendering or offering to render massage

therapy services or any person holding or claiming to hold a

license as a massage therapist. The Department shall, before

refusing to issue or renew a license or to discipline a

licensee under Section 45, at least 30 days prior to the date

set for the hearing, (i) notify the accused in writing of the

charges made and the time and place for the hearing on the

charges, (ii) direct him or her to file a written answer with

the Department under oath within 20 days after the service of

the notice, and (iii) inform the applicant or licensee that

failure to file an answer will result in a default judgment

being entered against the applicant or licensee. At the time

and place fixed in the notice, the Department shall proceed to

hear the charges and the parties of their counsel shall be

accorded ample opportunity to present any pertinent

statements, testimony, evidence, and arguments. The Department

may continue the hearing from time to time. In case the person,

after receiving the notice, fails to file an answer, his or her

license may, in the discretion of the Department, be revoked,

suspended, placed on probationary status, or the Department

may take whatever disciplinary actions considered proper,

including limiting the scope, nature, or extent of the

person's practice or the imposition of a fine, without a

hearing, if the act or acts charged constitute sufficient

grounds for that action under the Act. The written notice may

be served by personal delivery, or by certified mail to the

accused's address of record, or by email to the accused's

email address of record.

(Source: P.A. 97-514, eff. 8-23-11.)

Section 20. The Medical Practice Act of 1987 is amended by

changing Sections 2, 7, 7.5, 8, 8.1, 9, 9.3, 17, 18, 19, 21,

22, 23, 24, 25, 35, 36, 37, 38, 39, 40, 41, 42, 44, and 47 and

by adding Sections 7.1 and 7.2 as follows:

(225 ILCS 60/2) (from Ch. 111, par. 4400-2)

(Section scheduled to be repealed on January 1, 2022)

Sec. 2. Definitions. For purposes of this Act, the

following definitions shall have the following meanings,

except where the context requires otherwise:

"Act" means the Medical Practice Act of 1987.

"Address of record" means the designated address recorded

by the Department in the applicant's or licensee's application

file or license file as maintained by the Department's

licensure maintenance unit.

"Chiropractic physician" means a person licensed to treat

human ailments without the use of drugs and without operative

surgery. Nothing in this Act shall be construed to prohibit a

chiropractic physician from providing advice regarding the use

of non-prescription products or from administering atmospheric

oxygen. Nothing in this Act shall be construed to authorize a

chiropractic physician to prescribe drugs.

"Department" means the Department of Financial and

Professional Regulation.

"Disciplinary action" means revocation, suspension,

probation, supervision, practice modification, reprimand,

required education, fines or any other action taken by the

Department against a person holding a license.

"Disciplinary Board" means the Medical Disciplinary Board.

"Email address of record" means the designated email

address recorded by the Department in the applicant's

application file or the licensee's license file, as maintained

by the Department's licensure maintenance unit.

"Final determination" means the governing body's final

action taken under the procedure followed by a health care

institution, or professional association or society, against

any person licensed under the Act in accordance with the

bylaws or rules and regulations of such health care

institution, or professional association or society.

"Fund" means the Illinois State Medical Disciplinary Fund.

"Impaired" means the inability to practice medicine with

reasonable skill and safety due to physical or mental

disabilities as evidenced by a written determination or

written consent based on clinical evidence including

deterioration through the aging process or loss of motor

skill, or abuse of drugs or alcohol, of sufficient degree to

diminish a person's ability to deliver competent patient care.

"Licensing Board" means the Medical Licensing Board.

"Medical Board" means the Illinois State Medical Board.

"Physician" means a person licensed under the Medical

Practice Act to practice medicine in all of its branches or a

chiropractic physician.

"Professional association" means an association or society

of persons licensed under this Act, and operating within the

State of Illinois, including but not limited to, medical

societies, osteopathic organizations, and chiropractic

organizations, but this term shall not be deemed to include

hospital medical staffs.

"Program of care, counseling, or treatment" means a

written schedule of organized treatment, care, counseling,

activities, or education, satisfactory to the Medical

Disciplinary Board, designed for the purpose of restoring an

impaired person to a condition whereby the impaired person can

practice medicine with reasonable skill and safety of a

sufficient degree to deliver competent patient care.

"Reinstate" means to change the status of a license from

inactive or nonrenewed status to active status.

"Restore" means to remove an encumbrance from a license

due to probation, suspension, or revocation.

"Secretary" means the Secretary of the Department of

Financial and Professional Regulation.

(Source: P.A. 99-933, eff. 1-27-17; 100-429, eff. 8-25-17.)

(225 ILCS 60/7) (from Ch. 111, par. 4400-7)

(Section scheduled to be repealed on January 1, 2022)

Sec. 7. Medical Disciplinary Board.

(A) There is hereby created the Illinois State Medical

Disciplinary Board. The Disciplinary Board shall consist of 11

members, to be appointed by the Governor by and with the advice

and consent of the Senate. All members shall be residents of

the State, not more than 6 of whom shall be members of the same

political party. All members shall be voting members. Five

members shall be physicians licensed to practice medicine in

all of its branches in Illinois possessing the degree of

doctor of medicine. One member shall be a physician licensed

to practice medicine in all its branches in Illinois

possessing the degree of doctor of osteopathy or osteopathic

medicine. One member shall be a chiropractic physician

licensed to practice in Illinois and possessing the degree of

doctor of chiropractic. Four members shall be members of the

public, who shall not be engaged in any way, directly or

indirectly, as providers of health care.

(B) Members of the Disciplinary Board shall be appointed

for terms of 4 years. Upon the expiration of the term of any

member, their successor shall be appointed for a term of 4

years by the Governor by and with the advice and consent of the

Senate. The Governor shall fill any vacancy for the remainder

of the unexpired term with the advice and consent of the

Senate. Upon recommendation of the Board, any member of the

Disciplinary Board may be removed by the Governor for

misfeasance, malfeasance, or wilful neglect of duty, after

notice, and a public hearing, unless such notice and hearing

shall be expressly waived in writing. Each member shall serve

on the Disciplinary Board until their successor is appointed

and qualified. No member of the Disciplinary Board shall serve

more than 2 consecutive 4 year terms.

In making appointments the Governor shall attempt to

insure that the various social and geographic regions of the

State of Illinois are properly represented.

In making the designation of persons to act for the

several professions represented on the Disciplinary Board, the

Governor shall give due consideration to recommendations by

members of the respective professions and by organizations

therein.

(C) The Disciplinary Board shall annually elect one of its

voting members as chairperson and one as vice chairperson. No

officer shall be elected more than twice in succession to the

same office. Each officer shall serve until their successor

has been elected and qualified.

(D) (Blank).

(E) Six voting members of the Disciplinary Board, at least

4 of whom are physicians, shall constitute a quorum. A vacancy

in the membership of the Disciplinary Board shall not impair

the right of a quorum to exercise all the rights and perform

all the duties of the Disciplinary Board. Any action taken by

the Disciplinary Board under this Act may be authorized by

resolution at any regular or special meeting and each such

resolution shall take effect immediately. The Disciplinary

Board shall meet at least quarterly.

(F) Each member, and member-officer, of the Disciplinary

Board shall receive a per diem stipend as the Secretary shall

determine. Each member shall be paid their necessary expenses

while engaged in the performance of their duties.

(G) The Secretary shall select a Chief Medical Coordinator

and not less than 2 Deputy Medical Coordinators who shall not

be members of the Disciplinary Board. Each medical coordinator

shall be a physician licensed to practice medicine in all of

its branches, and the Secretary shall set their rates of

compensation. The Secretary shall assign at least one medical

coordinator to a region composed of Cook County and such other

counties as the Secretary may deem appropriate, and such

medical coordinator or coordinators shall locate their office

in Chicago. The Secretary shall assign at least one medical

coordinator to a region composed of the balance of counties in

the State, and such medical coordinator or coordinators shall

locate their office in Springfield. The Chief Medical

Coordinator shall be the chief enforcement officer of this

Act. None of the functions, powers, or duties of the

Department with respect to policies regarding enforcement or

discipline under this Act, including the adoption of such

rules as may be necessary for the administration of this Act,

shall be exercised by the Department except upon review of the

Disciplinary Board.

The Secretary shall employ, in conformity with the

Personnel Code, investigators who are college graduates with

at least 2 years of investigative experience or one year of

advanced medical education. Upon the written request of the

Disciplinary Board, the Secretary shall employ, in conformity

with the Personnel Code, such other professional, technical,

investigative, and clerical help, either on a full or

part-time basis as the Disciplinary Board deems necessary for

the proper performance of its duties.

(H) Upon the specific request of the Disciplinary Board,

signed by either the chairperson, vice chairperson, or a

medical coordinator of the Disciplinary Board, the Department

of Human Services, the Department of Healthcare and Family

Services, the Department of State Police, or any other law

enforcement agency located in this State shall make available

any and all information that they have in their possession

regarding a particular case then under investigation by the

Disciplinary Board.

(I) Members of the Disciplinary Board shall be immune from

suit in any action based upon any disciplinary proceedings or

other acts performed in good faith as members of the

Disciplinary Board.

(J) The Disciplinary Board may compile and establish a

statewide roster of physicians and other medical

professionals, including the several medical specialties, of

such physicians and medical professionals, who have agreed to

serve from time to time as advisors to the medical

coordinators. Such advisors shall assist the medical

coordinators or the Disciplinary Board in their investigations

and participation in complaints against physicians. Such

advisors shall serve under contract and shall be reimbursed at

a reasonable rate for the services provided, plus reasonable

expenses incurred. While serving in this capacity, the

advisor, for any act undertaken in good faith and in the

conduct of his or her duties under this Section, shall be

immune from civil suit.

(K) This Section is inoperative when a majority of the

Medical Board is appointed. This Section is repealed one year

after the effective date of this amendatory Act of the 102nd

General Assembly.

(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

(225 ILCS 60/7.1 new)

Sec. 7.1. Medical Board.

(A) There is hereby created the Illinois State Medical

Board. The Medical Board shall consist of 17 members, to be

appointed by the Governor by and with the advice and consent of

the Senate. All members shall be residents of the State, not

more than 8 of whom shall be members of the same political

party. All members shall be voting members. Eight members

shall be physicians licensed to practice medicine in all of

its branches in Illinois possessing the degree of doctor of

medicine. Two members shall be physicians licensed to practice

medicine in all its branches in Illinois possessing the degree

of doctor of osteopathy or osteopathic medicine. Two of the

physician members shall be physicians who collaborate with

physician assistants. Two members shall be chiropractic

physicians licensed to practice in Illinois and possessing the

degree of doctor of chiropractic. Two members shall be

physician assistants licensed to practice in Illinois. Three

members shall be members of the public, who shall not be

engaged in any way, directly or indirectly, as providers of

health care.

(B) Members of the Medical Board shall be appointed for

terms of 4 years. Upon the expiration of the term of any

member, their successor shall be appointed for a term of 4

years by the Governor by and with the advice and consent of the

Senate. The Governor shall fill any vacancy for the remainder

of the unexpired term with the advice and consent of the

Senate. Upon recommendation of the Medical Board, any member

of the Medical Board may be removed by the Governor for

misfeasance, malfeasance, or willful neglect of duty, after

notice, and a public hearing, unless such notice and hearing

shall be expressly waived in writing. Each member shall serve

on the Medical Board until their successor is appointed and

qualified. No member of the Medical Board shall serve more

than 2 consecutive 4-year terms.

In making appointments the Governor shall attempt to

ensure that the various social and geographic regions of the

State of Illinois are properly represented.

In making the designation of persons to act for the

several professions represented on the Medical Board, the

Governor shall give due consideration to recommendations by

members of the respective professions and by organizations

therein.

(C) The Medical Board shall annually elect one of its

voting members as chairperson and one as vice chairperson. No

officer shall be elected more than twice in succession to the

same office. Each officer shall serve until their successor

has been elected and qualified.

(D) A majority of the Medical Board members currently

appointed shall constitute a quorum. A vacancy in the

membership of the Medical Board shall not impair the right of a

quorum to exercise all the rights and perform all the duties of

the Medical Board. Any action taken by the Medical Board under

this Act may be authorized by resolution at any regular or

special meeting and each such resolution shall take effect

immediately. The Medical Board shall meet at least quarterly.

(E) Each member shall be paid their necessary expenses

while engaged in the performance of their duties.

(F) The Secretary shall select a Chief Medical Coordinator

and not less than 2 Deputy Medical Coordinators who shall not

be members of the Medical Board. Each medical coordinator

shall be a physician licensed to practice medicine in all of

its branches, and the Secretary shall set their rates of

compensation. The Secretary shall assign at least one medical

coordinator to a region composed of Cook County and such other

counties as the Secretary may deem appropriate, and such

medical coordinator or coordinators shall locate their office

in Chicago. The Secretary shall assign at least one medical

coordinator to a region composed of the balance of counties in

the State, and such medical coordinator or coordinators shall

locate their office in Springfield. The Chief Medical

Coordinator shall be the chief enforcement officer of this

Act. None of the functions, powers, or duties of the

Department with respect to policies regarding enforcement or

discipline under this Act, including the adoption of such

rules as may be necessary for the administration of this Act,

shall be exercised by the Department except upon review of the

Medical Board.

(G) The Secretary shall employ, in conformity with the

Personnel Code, investigators who are college graduates with

at least 2 years of investigative experience or one year of

advanced medical education. Upon the written request of the

Medical Board, the Secretary shall employ, in conformity with

the Personnel Code, such other professional, technical,

investigative, and clerical help, either on a full or

part-time basis as the Medical Board deems necessary for the

proper performance of its duties.

(H) Upon the specific request of the Medical Board, signed

by either the chairperson, vice chairperson, or a medical

coordinator of the Medical Board, the Department of Human

Services, the Department of Healthcare and Family Services,

the Department of State Police, or any other law enforcement

agency located in this State shall make available any and all

information that they have in their possession regarding a

particular case then under investigation by the Medical Board.

(I) Members of the Medical Board shall be immune from suit

in any action based upon any disciplinary proceedings or other

acts performed in good faith as members of the Medical Board.

(J) The Medical Board may compile and establish a

statewide roster of physicians and other medical

professionals, including the several medical specialties, of

such physicians and medical professionals, who have agreed to

serve from time to time as advisors to the medical

coordinators. Such advisors shall assist the medical

coordinators or the Medical Board in their investigations and

participation in complaints against physicians. Such advisors

shall serve under contract and shall be reimbursed at a

reasonable rate for the services provided, plus reasonable

expenses incurred. While serving in this capacity, the

advisor, for any act undertaken in good faith and in the

conduct of his or her duties under this Section, shall be

immune from civil suit.

(225 ILCS 60/7.2 new)

Sec. 7.2. Medical Board appointment. All members of the

Medical Licensing Board and the Medical Disciplinary Board

shall serve as members of the Medical Board. A majority of the

Medical Board members shall be appointed within 260 days after

the effective date of this amendatory Act of the 102nd General

Assembly. The Medical Licensing Board and Medical Disciplinary

Board shall exercise all functions, powers, and duties

enumerated in this Act to the Medical Board. All functions,

powers, and duties enumerated in this Act to the Medical

Licensing Board and Medical Disciplinary Board shall dissolve

at such time when a majority of the Medical Board is appointed.

This Section is repealed one year after the effective date of

this amendatory Act of the 102nd General Assembly.

(225 ILCS 60/7.5)

(Section scheduled to be repealed on January 1, 2022)

Sec. 7.5. Complaint Committee.

(a) There shall be a Complaint Committee of the Medical

Disciplinary Board composed of at least one of the medical

coordinators established by subsection (G) of Section 7 of

this Act, the Chief of Medical Investigations (person employed

by the Department who is in charge of investigating complaints

against physicians and physician assistants), the Chief of

Medical Prosecutions (the person employed by the Department

who is in charge of prosecuting formal complaints against

physicians and physician assistants), and at least 3 members

of the Medical Disciplinary Board (at least 2 of whom shall be

physicians) designated by the Chairperson of the Medical

Disciplinary Board with the approval of the Medical

Disciplinary Board.

(b) The Complaint Committee shall meet at least twice a

month to exercise its functions and duties set forth in

subsection (c) below. At least 2 members of the Medical

Disciplinary Board shall be in attendance in order for any

business to be transacted by the Complaint Committee. The

Complaint Committee shall make every effort to consider

expeditiously and take prompt action on each item on its

agenda.

(c) The Complaint Committee shall have the following

duties and functions:

(1) To recommend to the Medical Disciplinary Board

that a complaint file be closed.

(2) To refer a complaint file to the office of the

Chief of Medical Prosecutions for review.

(3) To make a decision in conjunction with the Chief

of Medical Prosecutions regarding action to be taken on a

complaint file.

(d) In determining what action to take or whether to

proceed with prosecution of a complaint, the Complaint

Committee shall consider, but not be limited to, the following

factors: sufficiency of the evidence presented, prosecutorial

merit under Section 22 of this Act, any recommendation made by

the Department, and insufficient cooperation from complaining

parties.

(e) Notwithstanding any provision of this Act, the

Department may close a complaint, after investigation and

approval of the Chief Medical Coordinator without review of

the Complaint Committee, in which the allegations of the

complaint if proven would not constitute a violation of the

Act, there is insufficient evidence to prove a violation of

the Act, or there is insufficient cooperation from complaining

parties, as determined by the Department.

(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

(225 ILCS 60/8) (from Ch. 111, par. 4400-8)

(Section scheduled to be repealed on January 1, 2022)

Sec. 8. Medical Licensing Board.

(A) There is hereby created a Medical Licensing Board. The

Licensing Board shall be composed of 7 members, to be

appointed by the Governor by and with the advice and consent of

the Senate; 5 of whom shall be reputable physicians licensed

to practice medicine in all of its branches in Illinois,

possessing the degree of doctor of medicine; one member shall

be a reputable physician licensed in Illinois to practice

medicine in all of its branches, possessing the degree of

doctor of osteopathy or osteopathic medicine; and one member

shall be a reputable chiropractic physician licensed to

practice in Illinois and possessing the degree of doctor of

chiropractic. Of the 5 members holding the degree of doctor of

medicine, one shall be a full-time or part-time teacher of

professorial rank in the clinical department of an Illinois

school of medicine.

(B) Members of the Licensing Board shall be appointed for

terms of 4 years, and until their successors are appointed and

qualified. Appointments to fill vacancies shall be made in the

same manner as original appointments, for the unexpired

portion of the vacated term. No more than 4 members of the

Licensing Board shall be members of the same political party

and all members shall be residents of this State. No member of

the Licensing Board may be appointed to more than 2 successive

4 year terms.

(C) Members of the Licensing Board shall be immune from

suit in any action based upon any licensing proceedings or

other acts performed in good faith as members of the Licensing

Board.

(D) (Blank).

(E) The Licensing Board shall annually elect one of its

members as chairperson and one as vice chairperson. No member

shall be elected more than twice in succession to the same

office. Each officer shall serve until his or her successor

has been elected and qualified.

(F) None of the functions, powers or duties of the

Department with respect to policies regarding licensure and

examination under this Act, including the promulgation of such

rules as may be necessary for the administration of this Act,

shall be exercised by the Department except upon review of the

Licensing Board.

(G) The Licensing Board shall receive the same

compensation as the members of the Disciplinary Board, which

compensation shall be paid out of the Illinois State Medical

Disciplinary Fund.

(H) This Section is inoperative when a majority of the

Medical Board is appointed. This Section is repealed one year

after the effective date of this amendatory Act of the 102nd

General Assembly.

(Source: P.A. 97-622, eff. 11-23-11.)

(225 ILCS 60/8.1)

(Section scheduled to be repealed on January 1, 2022)

Sec. 8.1. Matters concerning advanced practice registered

nurses. Any proposed rules, amendments, second notice

materials and adopted rule or amendment materials, and policy

statements concerning advanced practice registered nurses

shall be presented to the Medical Licensing Board for review

and comment. The recommendations of both the Board of Nursing

and the Medical Licensing Board shall be presented to the

Secretary for consideration in making final decisions.

Whenever the Board of Nursing and the Medical Licensing Board

disagree on a proposed rule or policy, the Secretary shall

convene a joint meeting of the officers of each Board to

discuss the resolution of any such disagreements.

(Source: P.A. 100-513, eff. 1-1-18.)

(225 ILCS 60/9) (from Ch. 111, par. 4400-9)

(Section scheduled to be repealed on January 1, 2022)

Sec. 9. Application for license. Each applicant for a

license shall:

(A) Make application on blank forms prepared and

furnished by the Department.

(B) Submit evidence satisfactory to the Department

that the applicant:

(1) is of good moral character. In determining

moral character under this Section, the Department may

take into consideration whether the applicant has

engaged in conduct or activities which would

constitute grounds for discipline under this Act. The

Department may also request the applicant to submit,

and may consider as evidence of moral character,

endorsements from 2 or 3 individuals licensed under

this Act;

(2) has the preliminary and professional education

required by this Act;

(3) (blank); and

(4) is physically, mentally, and professionally

capable of practicing medicine with reasonable

judgment, skill, and safety. In determining physical

and mental capacity under this Section, the Medical

Licensing Board may, upon a showing of a possible

incapacity or conduct or activities that would

constitute grounds for discipline under this Act,

compel any applicant to submit to a mental or physical

examination and evaluation, or both, as provided for

in Section 22 of this Act. The Medical Licensing Board

may condition or restrict any license, subject to the

same terms and conditions as are provided for the

Medical Disciplinary Board under Section 22 of this

Act. Any such condition of a restricted license shall

provide that the Chief Medical Coordinator or Deputy

Medical Coordinator shall have the authority to review

the subject physician's compliance with such

conditions or restrictions, including, where

appropriate, the physician's record of treatment and

counseling regarding the impairment, to the extent

permitted by applicable federal statutes and

regulations safeguarding the confidentiality of

medical records of patients.

In determining professional capacity under this

Section, an individual may be required to complete such

additional testing, training, or remedial education as the

Medical Licensing Board may deem necessary in order to

establish the applicant's present capacity to practice

medicine with reasonable judgment, skill, and safety. The

Medical Licensing Board may consider the following

criteria, as they relate to an applicant, as part of its

determination of professional capacity:

(1) Medical research in an established research

facility, hospital, college or university, or private

corporation.

(2) Specialized training or education.

(3) Publication of original work in learned,

medical, or scientific journals.

(4) Participation in federal, State, local, or

international public health programs or organizations.

(5) Professional service in a federal veterans or

military institution.

(6) Any other professional activities deemed to

maintain and enhance the clinical capabilities of the

applicant.

Any applicant applying for a license to practice

medicine in all of its branches or for a license as a

chiropractic physician who has not been engaged in the

active practice of medicine or has not been enrolled in a

medical program for 2 years prior to application must

submit proof of professional capacity to the Medical

Licensing Board.

Any applicant applying for a temporary license that

has not been engaged in the active practice of medicine or

has not been enrolled in a medical program for longer than

5 years prior to application must submit proof of

professional capacity to the Medical Licensing Board.

(C) Designate specifically the name, location, and

kind of professional school, college, or institution of

which the applicant is a graduate and the category under

which the applicant seeks, and will undertake, to

practice.

(D) Pay to the Department at the time of application

the required fees.

(E) Pursuant to Department rules, as required, pass an

examination authorized by the Department to determine the

applicant's fitness to receive a license.

(F) Complete the application process within 3 years

from the date of application. If the process has not been

completed within 3 years, the application shall expire,

application fees shall be forfeited, and the applicant

must reapply and meet the requirements in effect at the

time of reapplication.

(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

(225 ILCS 60/9.3)

(Section scheduled to be repealed on January 1, 2022)

Sec. 9.3. Withdrawal of application. Any applicant

applying for a license or permit under this Act may withdraw

his or her application at any time. If an applicant withdraws

his or her application after receipt of a written Notice of

Intent to Deny License or Permit, then the withdrawal shall be

reported to the Federation of State Medical Boards and the

National Practitioner Data Bank.

(Source: P.A. 98-601, eff. 12-30-13; 98-1140, eff. 12-30-14.)

(225 ILCS 60/17) (from Ch. 111, par. 4400-17)

(Section scheduled to be repealed on January 1, 2022)

Sec. 17. Temporary license. Persons holding the degree of

Doctor of Medicine, persons holding the degree of Doctor of

Osteopathy or Doctor of Osteopathic Medicine, and persons

holding the degree of Doctor of Chiropractic or persons who

have satisfied the requirements therefor and are eligible to

receive such degree from a medical, osteopathic, or

chiropractic school, who wish to pursue programs of graduate

or specialty training in this State, may receive without

examination, in the discretion of the Department, a 3-year

temporary license. In order to receive a 3-year temporary

license hereunder, an applicant shall submit evidence

satisfactory to the Department that the applicant:

(A) Is of good moral character. In determining moral

character under this Section, the Department may take into

consideration whether the applicant has engaged in conduct

or activities which would constitute grounds for

discipline under this Act. The Department may also request

the applicant to submit, and may consider as evidence of

moral character, endorsements from 2 or 3 individuals

licensed under this Act;

(B) Has been accepted or appointed for specialty or

residency training by a hospital situated in this State or

a training program in hospitals or facilities maintained

by the State of Illinois or affiliated training facilities

which is approved by the Department for the purpose of

such training under this Act. The applicant shall indicate

the beginning and ending dates of the period for which the

applicant has been accepted or appointed;

(C) Has or will satisfy the professional education

requirements of Section 11 of this Act which are effective

at the date of application except for postgraduate

clinical training;

(D) Is physically, mentally, and professionally

capable of practicing medicine or treating human ailments

without the use of drugs and without operative surgery

with reasonable judgment, skill, and safety. In

determining physical, mental and professional capacity

under this Section, the Medical Licensing Board may, upon

a showing of a possible incapacity, compel an applicant to

submit to a mental or physical examination and evaluation,

or both, and may condition or restrict any temporary

license, subject to the same terms and conditions as are

provided for the Medical Disciplinary Board under Section

22 of this Act. Any such condition of restricted temporary

license shall provide that the Chief Medical Coordinator

or Deputy Medical Coordinator shall have the authority to

review the subject physician's compliance with such

conditions or restrictions, including, where appropriate,

the physician's record of treatment and counseling

regarding the impairment, to the extent permitted by

applicable federal statutes and regulations safeguarding

the confidentiality of medical records of patients.

Three-year temporary licenses issued pursuant to this

Section shall be valid only for the period of time designated

therein, and may be extended or renewed pursuant to the rules

of the Department, and if a temporary license is thereafter

extended, it shall not extend beyond completion of the

residency program. The holder of a valid 3-year temporary

license shall be entitled thereby to perform only such acts as

may be prescribed by and incidental to his or her program of

residency training; he or she shall not be entitled to

otherwise engage in the practice of medicine in this State

unless fully licensed in this State.

A 3-year temporary license may be revoked or suspended by

the Department upon proof that the holder thereof has engaged

in the practice of medicine in this State outside of the

program of his or her residency or specialty training, or if

the holder shall fail to supply the Department, within 10 days

of its request, with information as to his or her current

status and activities in his or her specialty training

program. Such a revocation or suspension shall comply with the

procedures set forth in subsection (d) of Section 37 of this

Act.

(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

(225 ILCS 60/18) (from Ch. 111, par. 4400-18)

(Section scheduled to be repealed on January 1, 2022)

Sec. 18. Visiting professor, physician, or resident

permits.

(A) Visiting professor permit.

(1) A visiting professor permit shall entitle a person

to practice medicine in all of its branches or to practice

the treatment of human ailments without the use of drugs

and without operative surgery provided:

(a) the person maintains an equivalent

authorization to practice medicine in all of its

branches or to practice the treatment of human

ailments without the use of drugs and without

operative surgery in good standing in his or her

native licensing jurisdiction during the period of the

visiting professor permit;

(b) the person has received a faculty appointment

to teach in a medical, osteopathic or chiropractic

school in Illinois; and

(c) the Department may prescribe the information

necessary to establish an applicant's eligibility for

a permit. This information shall include without

limitation (i) a statement from the dean of the

medical school at which the applicant will be employed

describing the applicant's qualifications and (ii) a

statement from the dean of the medical school listing

every affiliated institution in which the applicant

will be providing instruction as part of the medical

school's education program and justifying any clinical

activities at each of the institutions listed by the

dean.

(2) Application for visiting professor permits shall

be made to the Department, in writing, on forms prescribed

by the Department and shall be accompanied by the required

fee established by rule, which shall not be refundable.

Any application shall require the information as, in the

judgment of the Department, will enable the Department to

pass on the qualifications of the applicant.

(3) A visiting professor permit shall be valid for no

longer than 2 years from the date of issuance or until the

time the faculty appointment is terminated, whichever

occurs first, and may be renewed only in accordance with

subdivision (A)(6) of this Section.

(4) The applicant may be required to appear before the

Medical Licensing Board for an interview prior to, and as

a requirement for, the issuance of the original permit and

the renewal.

(5) Persons holding a permit under this Section shall

only practice medicine in all of its branches or practice

the treatment of human ailments without the use of drugs

and without operative surgery in the State of Illinois in

their official capacity under their contract within the

medical school itself and any affiliated institution in

which the permit holder is providing instruction as part

of the medical school's educational program and for which

the medical school has assumed direct responsibility.

(6) After the initial renewal of a visiting professor

permit, a visiting professor permit shall be valid until

the last day of the next physician license renewal period,

as set by rule, and may only be renewed for applicants who

meet the following requirements:

(i) have obtained the required continuing

education hours as set by rule; and

(ii) have paid the fee prescribed for a license

under Section 21 of this Act.

For initial renewal, the visiting professor must

successfully pass a general competency examination authorized

by the Department by rule, unless he or she was issued an

initial visiting professor permit on or after January 1, 2007,

but prior to July 1, 2007.

(B) Visiting physician permit.

(1) The Department may, in its discretion, issue a

temporary visiting physician permit, without examination,

provided:

(a) (blank);

(b) that the person maintains an equivalent

authorization to practice medicine in all of its

branches or to practice the treatment of human

ailments without the use of drugs and without

operative surgery in good standing in his or her

native licensing jurisdiction during the period of the

temporary visiting physician permit;

(c) that the person has received an invitation or

appointment to study, demonstrate, or perform a

specific medical, osteopathic, chiropractic or

clinical subject or technique in a medical,

osteopathic, or chiropractic school, a state or

national medical, osteopathic, or chiropractic

professional association or society conference or

meeting, a hospital licensed under the Hospital

Licensing Act, a hospital organized under the

University of Illinois Hospital Act, or a facility

operated pursuant to the Ambulatory Surgical Treatment

Center Act; and

(d) that the temporary visiting physician permit

shall only permit the holder to practice medicine in

all of its branches or practice the treatment of human

ailments without the use of drugs and without

operative surgery within the scope of the medical,

osteopathic, chiropractic, or clinical studies, or in

conjunction with the state or national medical,

osteopathic, or chiropractic professional association

or society conference or meeting, for which the holder

was invited or appointed.

(2) The application for the temporary visiting

physician permit shall be made to the Department, in

writing, on forms prescribed by the Department, and shall

be accompanied by the required fee established by rule,

which shall not be refundable. The application shall

require information that, in the judgment of the

Department, will enable the Department to pass on the

qualification of the applicant, and the necessity for the

granting of a temporary visiting physician permit.

(3) A temporary visiting physician permit shall be

valid for no longer than (i) 180 days from the date of

issuance or (ii) until the time the medical, osteopathic,

chiropractic, or clinical studies are completed, or the

state or national medical, osteopathic, or chiropractic

professional association or society conference or meeting

has concluded, whichever occurs first. The temporary

visiting physician permit may be issued multiple times to

a visiting physician under this paragraph (3) as long as

the total number of days it is active do not exceed 180

days within a 365-day period.

(4) The applicant for a temporary visiting physician

permit may be required to appear before the Medical

Licensing Board for an interview prior to, and as a

requirement for, the issuance of a temporary visiting

physician permit.

(5) A limited temporary visiting physician permit

shall be issued to a physician licensed in another state

who has been requested to perform emergency procedures in

Illinois if he or she meets the requirements as

established by rule.

(C) Visiting resident permit.

(1) The Department may, in its discretion, issue a

temporary visiting resident permit, without examination,

provided:

(a) (blank);

(b) that the person maintains an equivalent

authorization to practice medicine in all of its

branches or to practice the treatment of human

ailments without the use of drugs and without

operative surgery in good standing in his or her

native licensing jurisdiction during the period of the

temporary visiting resident permit;

(c) that the applicant is enrolled in a

postgraduate clinical training program outside the

State of Illinois that is approved by the Department;

(d) that the individual has been invited or

appointed for a specific period of time to perform a

portion of that post graduate clinical training

program under the supervision of an Illinois licensed

physician in an Illinois patient care clinic or

facility that is affiliated with the out-of-State post

graduate training program; and

(e) that the temporary visiting resident permit

shall only permit the holder to practice medicine in

all of its branches or practice the treatment of human

ailments without the use of drugs and without

operative surgery within the scope of the medical,

osteopathic, chiropractic or clinical studies for

which the holder was invited or appointed.

(2) The application for the temporary visiting

resident permit shall be made to the Department, in

writing, on forms prescribed by the Department, and shall

be accompanied by the required fee established by rule.

The application shall require information that, in the

judgment of the Department, will enable the Department to

pass on the qualifications of the applicant.

(3) A temporary visiting resident permit shall be

valid for 180 days from the date of issuance or until the

time the medical, osteopathic, chiropractic, or clinical

studies are completed, whichever occurs first.

(4) The applicant for a temporary visiting resident

permit may be required to appear before the Medical

Licensing Board for an interview prior to, and as a

requirement for, the issuance of a temporary visiting

resident permit.

(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

(225 ILCS 60/19) (from Ch. 111, par. 4400-19)

(Section scheduled to be repealed on January 1, 2022)

Sec. 19. Licensure by endorsement. The Department may, in

its discretion, issue a license by endorsement to any person

who is currently licensed to practice medicine in all of its

branches, or a chiropractic physician, in any other state,

territory, country or province, upon the following conditions

and submitting evidence satisfactory to the Department of the

following:

(A) (Blank);

(B) That the applicant is of good moral character. In

determining moral character under this Section, the

Department may take into consideration whether the

applicant has engaged in conduct or activities which would

constitute grounds for discipline under this Act. The

Department may also request the applicant to submit, and

may consider as evidence of moral character, endorsements

from 2 or 3 individuals licensed under this Act;

(C) That the applicant is physically, mentally and

professionally capable of practicing medicine with

reasonable judgment, skill and safety. In determining

physical, mental and professional capacity under this

Section the Medical Licensing Board may, upon a showing of

a possible incapacity, compel an applicant to submit to a

mental or physical examination and evaluation, or both, in

the same manner as provided in Section 22 and may

condition or restrict any license, subject to the same

terms and conditions as are provided for the Medical

Disciplinary Board under Section 22 of this Act.

(D) That if the applicant seeks to practice medicine

in all of its branches:

(1) if the applicant was licensed in another

jurisdiction prior to January 1, 1988, that the

applicant has satisfied the educational requirements

of paragraph (1) of subsection (A) or paragraph (2) of

subsection (A) of Section 11 of this Act; or

(2) if the applicant was licensed in another

jurisdiction after December 31, 1987, that the

applicant has satisfied the educational requirements

of paragraph (A)(2) of Section 11 of this Act; and

(3) the requirements for a license to practice

medicine in all of its branches in the particular

state, territory, country or province in which the

applicant is licensed are deemed by the Department to

have been substantially equivalent to the requirements

for a license to practice medicine in all of its

branches in force in this State at the date of the

applicant's license;

(E) That if the applicant seeks to treat human

ailments without the use of drugs and without operative

surgery:

(1) the applicant is a graduate of a chiropractic

school or college approved by the Department at the

time of their graduation;

(2) the requirements for the applicant's license

to practice the treatment of human ailments without

the use of drugs are deemed by the Department to have

been substantially equivalent to the requirements for

a license to practice in this State at the date of the

applicant's license;

(F) That the Department may, in its discretion, issue

a license by endorsement to any graduate of a medical or

osteopathic college, reputable and in good standing in the

judgment of the Department, who has passed an examination

for admission to the United States Public Health Service,

or who has passed any other examination deemed by the

Department to have been at least equal in all substantial

respects to the examination required for admission to any

such medical corps;

(G) That applications for licenses by endorsement

shall be filed with the Department, under oath, on forms

prepared and furnished by the Department, and shall set

forth, and applicants therefor shall supply such

information respecting the life, education, professional

practice, and moral character of applicants as the

Department may require to be filed for its use;

(H) That the applicant undergo the criminal background

check established under Section 9.7 of this Act.

In the exercise of its discretion under this Section, the

Department is empowered to consider and evaluate each

applicant on an individual basis. It may take into account,

among other things: the extent to which the applicant will

bring unique experience and skills to the State of Illinois or

the extent to which there is or is not available to the

Department authentic and definitive information concerning the

quality of medical education and clinical training which the

applicant has had. Under no circumstances shall a license be

issued under the provisions of this Section to any person who

has previously taken and failed the written examination

conducted by the Department for such license. In the exercise

of its discretion under this Section, the Department may

require an applicant to successfully complete an examination

as recommended by the Medical Licensing Board. The Department

may also request the applicant to submit, and may consider as

evidence of moral character, evidence from 2 or 3 individuals

licensed under this Act. Applicants have 3 years from the date

of application to complete the application process. If the

process has not been completed within 3 years, the application

shall be denied, the fees shall be forfeited, and the

applicant must reapply and meet the requirements in effect at

the time of reapplication.

(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

(225 ILCS 60/21) (from Ch. 111, par. 4400-21)

(Section scheduled to be repealed on January 1, 2022)

Sec. 21. License renewal; reinstatement; inactive status;

disposition and collection of fees.

(A) Renewal. The expiration date and renewal period for

each license issued under this Act shall be set by rule. The

holder of a license may renew the license by paying the

required fee. The holder of a license may also renew the

license within 90 days after its expiration by complying with

the requirements for renewal and payment of an additional fee.

A license renewal within 90 days after expiration shall be

effective retroactively to the expiration date.

The Department shall attempt to provide through electronic

means to each licensee under this Act, at least 60 days in

advance of the expiration date of his or her license, a renewal

notice. No such license shall be deemed to have lapsed until 90

days after the expiration date and after the Department has

attempted to provide such notice as herein provided.

(B) Reinstatement. Any licensee who has permitted his or

her license to lapse or who has had his or her license on

inactive status may have his or her license reinstated by

making application to the Department and filing proof

acceptable to the Department of his or her fitness to have the

license reinstated, including evidence certifying to active

practice in another jurisdiction satisfactory to the

Department, proof of meeting the continuing education

requirements for one renewal period, and by paying the

required reinstatement fee.

If the licensee has not maintained an active practice in

another jurisdiction satisfactory to the Department, the

Medical Licensing Board shall determine, by an evaluation

program established by rule, the applicant's fitness to resume

active status and may require the licensee to complete a

period of evaluated clinical experience and may require

successful completion of a practical examination specified by

the Medical Licensing Board.

However, any registrant whose license has expired while he

or she has been engaged (a) in Federal Service on active duty

with the Army of the United States, the United States Navy, the

Marine Corps, the Air Force, the Coast Guard, the Public

Health Service or the State Militia called into the service or

training of the United States of America, or (b) in training or

education under the supervision of the United States

preliminary to induction into the military service, may have

his or her license reinstated without paying any lapsed

renewal fees, if within 2 years after honorable termination of

such service, training, or education, he or she furnishes to

the Department with satisfactory evidence to the effect that

he or she has been so engaged and that his or her service,

training, or education has been so terminated.

(C) Inactive licenses. Any licensee who notifies the

Department, in writing on forms prescribed by the Department,

may elect to place his or her license on an inactive status and

shall, subject to rules of the Department, be excused from

payment of renewal fees until he or she notifies the

Department in writing of his or her desire to resume active

status.

Any licensee requesting reinstatement from inactive status

shall be required to pay the current renewal fee, provide

proof of meeting the continuing education requirements for the

period of time the license is inactive not to exceed one

renewal period, and shall be required to reinstate his or her

license as provided in subsection (B).

Any licensee whose license is in an inactive status shall

not practice in the State of Illinois.

(D) Disposition of monies collected. All monies collected

under this Act by the Department shall be deposited in the

Illinois State Medical Disciplinary Fund in the State

Treasury, and used only for the following purposes: (a) by the

Medical Disciplinary Board and Licensing Board in the exercise

of its powers and performance of its duties, as such use is

made by the Department with full consideration of all

recommendations of the Medical Disciplinary Board and

Licensing Board, (b) for costs directly related to persons

licensed under this Act, and (c) for direct and allocable

indirect costs related to the public purposes of the

Department.

Moneys in the Fund may be transferred to the Professions

Indirect Cost Fund as authorized under Section 2105-300 of the

Department of Professional Regulation Law of the Civil

Administrative Code of Illinois.

All earnings received from investment of monies in the

Illinois State Medical Disciplinary Fund shall be deposited in

the Illinois State Medical Disciplinary Fund and shall be used

for the same purposes as fees deposited in such Fund.

(E) Fees. The following fees are nonrefundable.

(1) Applicants for any examination shall be required

to pay, either to the Department or to the designated

testing service, a fee covering the cost of determining

the applicant's eligibility and providing the examination.

Failure to appear for the examination on the scheduled

date, at the time and place specified, after the

applicant's application for examination has been received

and acknowledged by the Department or the designated

testing service, shall result in the forfeiture of the

examination fee.

(2) Before July 1, 2018, the fee for a license under

Section 9 of this Act is $700. Beginning on July 1, 2018,

the fee for a license under Section 9 of this Act is $500.

(3) Before July 1, 2018, the fee for a license under

Section 19 of this Act is $700. Beginning on July 1, 2018,

the fee for a license under Section 19 of this Act is $500.

(4) Before July 1, 2018, the fee for the renewal of a

license for a resident of Illinois shall be calculated at

the rate of $230 per year, and beginning on July 1, 2018

and until January 1, 2020, the fee for the renewal of a

license shall be $167, except for licensees who were

issued a license within 12 months of the expiration date

of the license, before July 1, 2018, the fee for the

renewal shall be $230, and beginning on July 1, 2018 and

until January 1, 2020 that fee will be $167. Before July 1,

2018, the fee for the renewal of a license for a

nonresident shall be calculated at the rate of $460 per

year, and beginning on July 1, 2018 and until January 1,

2020, the fee for the renewal of a license for a

nonresident shall be $250, except for licensees who were

issued a license within 12 months of the expiration date

of the license, before July 1, 2018, the fee for the

renewal shall be $460, and beginning on July 1, 2018 and

until January 1, 2020 that fee will be $250. Beginning on

January 1, 2020, the fee for renewal of a license for a

resident or nonresident is $181 per year.

(5) The fee for the reinstatement of a license other

than from inactive status, is $230. In addition, payment

of all lapsed renewal fees not to exceed $1,400 is

required.

(6) The fee for a 3-year temporary license under

Section 17 is $230.

(7) The fee for the issuance of a license with a change

of name or address other than during the renewal period is

$20. No fee is required for name and address changes on

Department records when no updated license is issued.

(8) The fee to be paid for a license record for any

purpose is $20.

(9) The fee to be paid to have the scoring of an

examination, administered by the Department, reviewed and

verified, is $20 plus any fees charged by the applicable

testing service.

(F) Any person who delivers a check or other payment to the

Department that is returned to the Department unpaid by the

financial institution upon which it is drawn shall pay to the

Department, in addition to the amount already owed to the

Department, a fine of $50. The fines imposed by this Section

are in addition to any other discipline provided under this

Act for unlicensed practice or practice on a nonrenewed

license. The Department shall notify the person that payment

of fees and fines shall be paid to the Department by certified

check or money order within 30 calendar days of the

notification. If, after the expiration of 30 days from the

date of the notification, the person has failed to submit the

necessary remittance, the Department shall automatically

terminate the license or permit or deny the application,

without hearing. If, after termination or denial, the person

seeks a license or permit, he or she shall apply to the

Department for reinstatement or issuance of the license or

permit and pay all fees and fines due to the Department. The

Department may establish a fee for the processing of an

application for reinstatement of a license or permit to pay

all expenses of processing this application. The Secretary may

waive the fines due under this Section in individual cases

where the Secretary finds that the fines would be unreasonable

or unnecessarily burdensome.

(Source: P.A. 101-316, eff. 8-9-19; 101-603, eff. 1-1-20.)

(225 ILCS 60/22) (from Ch. 111, par. 4400-22)

(Section scheduled to be repealed on January 1, 2022)

Sec. 22. Disciplinary action.

(A) The Department may revoke, suspend, place on

probation, reprimand, refuse to issue or renew, or take any

other disciplinary or non-disciplinary action as the

Department may deem proper with regard to the license or

permit of any person issued under this Act, including imposing

fines not to exceed $10,000 for each violation, upon any of the

following grounds:

(1) (Blank).

(2) (Blank).

(3) A plea of guilty or nolo contendere, finding of

guilt, jury verdict, or entry of judgment or sentencing,

including, but not limited to, convictions, preceding

sentences of supervision, conditional discharge, or first

offender probation, under the laws of any jurisdiction of

the United States of any crime that is a felony.

(4) Gross negligence in practice under this Act.

(5) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud or harm the public.

(6) Obtaining any fee by fraud, deceit, or

misrepresentation.

(7) Habitual or excessive use or abuse of drugs

defined in law as controlled substances, of alcohol, or of

any other substances which results in the inability to

practice with reasonable judgment, skill, or safety.

(8) Practicing under a false or, except as provided by

law, an assumed name.

(9) Fraud or misrepresentation in applying for, or

procuring, a license under this Act or in connection with

applying for renewal of a license under this Act.

(10) Making a false or misleading statement regarding

their skill or the efficacy or value of the medicine,

treatment, or remedy prescribed by them at their direction

in the treatment of any disease or other condition of the

body or mind.

(11) Allowing another person or organization to use

their license, procured under this Act, to practice.

(12) Adverse action taken by another state or

jurisdiction against a license or other authorization to

practice as a medical doctor, doctor of osteopathy, doctor

of osteopathic medicine or doctor of chiropractic, a

certified copy of the record of the action taken by the

other state or jurisdiction being prima facie evidence

thereof. This includes any adverse action taken by a State

or federal agency that prohibits a medical doctor, doctor

of osteopathy, doctor of osteopathic medicine, or doctor

of chiropractic from providing services to the agency's

participants.

(13) Violation of any provision of this Act or of the

Medical Practice Act prior to the repeal of that Act, or

violation of the rules, or a final administrative action

of the Secretary, after consideration of the

recommendation of the Medical Disciplinary Board.

(14) Violation of the prohibition against fee

splitting in Section 22.2 of this Act.

(15) A finding by the Medical Disciplinary Board that

the registrant after having his or her license placed on

probationary status or subjected to conditions or

restrictions violated the terms of the probation or failed

to comply with such terms or conditions.

(16) Abandonment of a patient.

(17) Prescribing, selling, administering,

distributing, giving, or self-administering any drug

classified as a controlled substance (designated product)

or narcotic for other than medically accepted therapeutic

purposes.

(18) Promotion of the sale of drugs, devices,

appliances, or goods provided for a patient in such manner

as to exploit the patient for financial gain of the

physician.

(19) Offering, undertaking, or agreeing to cure or

treat disease by a secret method, procedure, treatment, or

medicine, or the treating, operating, or prescribing for

any human condition by a method, means, or procedure which

the licensee refuses to divulge upon demand of the

Department.

(20) Immoral conduct in the commission of any act

including, but not limited to, commission of an act of

sexual misconduct related to the licensee's practice.

(21) Willfully making or filing false records or

reports in his or her practice as a physician, including,

but not limited to, false records to support claims

against the medical assistance program of the Department

of Healthcare and Family Services (formerly Department of

Public Aid) under the Illinois Public Aid Code.

(22) Willful omission to file or record, or willfully

impeding the filing or recording, or inducing another

person to omit to file or record, medical reports as

required by law, or willfully failing to report an

instance of suspected abuse or neglect as required by law.

(23) Being named as a perpetrator in an indicated

report by the Department of Children and Family Services

under the Abused and Neglected Child Reporting Act, and

upon proof by clear and convincing evidence that the

licensee has caused a child to be an abused child or

neglected child as defined in the Abused and Neglected

Child Reporting Act.

(24) Solicitation of professional patronage by any

corporation, agents or persons, or profiting from those

representing themselves to be agents of the licensee.

(25) Gross and willful and continued overcharging for

professional services, including filing false statements

for collection of fees for which services are not

rendered, including, but not limited to, filing such false

statements for collection of monies for services not

rendered from the medical assistance program of the

Department of Healthcare and Family Services (formerly

Department of Public Aid) under the Illinois Public Aid

Code.

(26) A pattern of practice or other behavior which

demonstrates incapacity or incompetence to practice under

this Act.

(27) Mental illness or disability which results in the

inability to practice under this Act with reasonable

judgment, skill, or safety.

(28) Physical illness, including, but not limited to,

deterioration through the aging process, or loss of motor

skill which results in a physician's inability to practice

under this Act with reasonable judgment, skill, or safety.

(29) Cheating on or attempt to subvert the licensing

examinations administered under this Act.

(30) Willfully or negligently violating the

confidentiality between physician and patient except as

required by law.

(31) The use of any false, fraudulent, or deceptive

statement in any document connected with practice under

this Act.

(32) Aiding and abetting an individual not licensed

under this Act in the practice of a profession licensed

under this Act.

(33) Violating state or federal laws or regulations

relating to controlled substances, legend drugs, or

ephedra as defined in the Ephedra Prohibition Act.

(34) Failure to report to the Department any adverse

final action taken against them by another licensing

jurisdiction (any other state or any territory of the

United States or any foreign state or country), by any

peer review body, by any health care institution, by any

professional society or association related to practice

under this Act, by any governmental agency, by any law

enforcement agency, or by any court for acts or conduct

similar to acts or conduct which would constitute grounds

for action as defined in this Section.

(35) Failure to report to the Department surrender of

a license or authorization to practice as a medical

doctor, a doctor of osteopathy, a doctor of osteopathic

medicine, or doctor of chiropractic in another state or

jurisdiction, or surrender of membership on any medical

staff or in any medical or professional association or

society, while under disciplinary investigation by any of

those authorities or bodies, for acts or conduct similar

to acts or conduct which would constitute grounds for

action as defined in this Section.

(36) Failure to report to the Department any adverse

judgment, settlement, or award arising from a liability

claim related to acts or conduct similar to acts or

conduct which would constitute grounds for action as

defined in this Section.

(37) Failure to provide copies of medical records as

required by law.

(38) Failure to furnish the Department, its

investigators or representatives, relevant information,

legally requested by the Department after consultation

with the Chief Medical Coordinator or the Deputy Medical

Coordinator.

(39) Violating the Health Care Worker Self-Referral

Act.

(40) Willful failure to provide notice when notice is

required under the Parental Notice of Abortion Act of

1995.

(41) Failure to establish and maintain records of

patient care and treatment as required by this law.

(42) Entering into an excessive number of written

collaborative agreements with licensed advanced practice

registered nurses resulting in an inability to adequately

collaborate.

(43) Repeated failure to adequately collaborate with a

licensed advanced practice registered nurse.

(44) Violating the Compassionate Use of Medical

Cannabis Program Act.

(45) Entering into an excessive number of written

collaborative agreements with licensed prescribing

psychologists resulting in an inability to adequately

collaborate.

(46) Repeated failure to adequately collaborate with a

licensed prescribing psychologist.

(47) Willfully failing to report an instance of

suspected abuse, neglect, financial exploitation, or

self-neglect of an eligible adult as defined in and

required by the Adult Protective Services Act.

(48) Being named as an abuser in a verified report by

the Department on Aging under the Adult Protective

Services Act, and upon proof by clear and convincing

evidence that the licensee abused, neglected, or

financially exploited an eligible adult as defined in the

Adult Protective Services Act.

(49) Entering into an excessive number of written

collaborative agreements with licensed physician

assistants resulting in an inability to adequately

collaborate.

(50) Repeated failure to adequately collaborate with a

physician assistant.

Except for actions involving the ground numbered (26), all

proceedings to suspend, revoke, place on probationary status,

or take any other disciplinary action as the Department may

deem proper, with regard to a license on any of the foregoing

grounds, must be commenced within 5 years next after receipt

by the Department of a complaint alleging the commission of or

notice of the conviction order for any of the acts described

herein. Except for the grounds numbered (8), (9), (26), and

(29), no action shall be commenced more than 10 years after the

date of the incident or act alleged to have violated this

Section. For actions involving the ground numbered (26), a

pattern of practice or other behavior includes all incidents

alleged to be part of the pattern of practice or other behavior

that occurred, or a report pursuant to Section 23 of this Act

received, within the 10-year period preceding the filing of

the complaint. In the event of the settlement of any claim or

cause of action in favor of the claimant or the reduction to

final judgment of any civil action in favor of the plaintiff,

such claim, cause of action, or civil action being grounded on

the allegation that a person licensed under this Act was

negligent in providing care, the Department shall have an

additional period of 2 years from the date of notification to

the Department under Section 23 of this Act of such settlement

or final judgment in which to investigate and commence formal

disciplinary proceedings under Section 36 of this Act, except

as otherwise provided by law. The time during which the holder

of the license was outside the State of Illinois shall not be

included within any period of time limiting the commencement

of disciplinary action by the Department.

The entry of an order or judgment by any circuit court

establishing that any person holding a license under this Act

is a person in need of mental treatment operates as a

suspension of that license. That person may resume his or her

their practice only upon the entry of a Departmental order

based upon a finding by the Medical Disciplinary Board that

the person has they have been determined to be recovered from

mental illness by the court and upon the Medical Disciplinary

Board's recommendation that the person they be permitted to

resume his or her their practice.

The Department may refuse to issue or take disciplinary

action concerning the license of any person who fails to file a

return, or to pay the tax, penalty, or interest shown in a

filed return, or to pay any final assessment of tax, penalty,

or interest, as required by any tax Act administered by the

Illinois Department of Revenue, until such time as the

requirements of any such tax Act are satisfied as determined

by the Illinois Department of Revenue.

The Department, upon the recommendation of the Medical

Disciplinary Board, shall adopt rules which set forth

standards to be used in determining:

(a) when a person will be deemed sufficiently

rehabilitated to warrant the public trust;

(b) what constitutes dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public;

(c) what constitutes immoral conduct in the commission

of any act, including, but not limited to, commission of

an act of sexual misconduct related to the licensee's

practice; and

(d) what constitutes gross negligence in the practice

of medicine.

However, no such rule shall be admissible into evidence in

any civil action except for review of a licensing or other

disciplinary action under this Act.

In enforcing this Section, the Medical Disciplinary Board

or the Licensing Board, upon a showing of a possible

violation, may compel, in the case of the Disciplinary Board,

any individual who is licensed to practice under this Act or

holds a permit to practice under this Act, or, in the case of

the Licensing Board, any individual who has applied for

licensure or a permit pursuant to this Act, to submit to a

mental or physical examination and evaluation, or both, which

may include a substance abuse or sexual offender evaluation,

as required by the Medical Licensing Board or Disciplinary

Board and at the expense of the Department. The Medical

Disciplinary Board or Licensing Board shall specifically

designate the examining physician licensed to practice

medicine in all of its branches or, if applicable, the

multidisciplinary team involved in providing the mental or

physical examination and evaluation, or both. The

multidisciplinary team shall be led by a physician licensed to

practice medicine in all of its branches and may consist of one

or more or a combination of physicians licensed to practice

medicine in all of its branches, licensed chiropractic

physicians, licensed clinical psychologists, licensed clinical

social workers, licensed clinical professional counselors, and

other professional and administrative staff. Any examining

physician or member of the multidisciplinary team may require

any person ordered to submit to an examination and evaluation

pursuant to this Section to submit to any additional

supplemental testing deemed necessary to complete any

examination or evaluation process, including, but not limited

to, blood testing, urinalysis, psychological testing, or

neuropsychological testing. The Medical Disciplinary Board,

the Licensing Board, or the Department may order the examining

physician or any member of the multidisciplinary team to

provide to the Department, the Disciplinary Board, or the

Medical Licensing Board any and all records, including

business records, that relate to the examination and

evaluation, including any supplemental testing performed. The

Medical Disciplinary Board, the Licensing Board, or the

Department may order the examining physician or any member of

the multidisciplinary team to present testimony concerning

this examination and evaluation of the licensee, permit

holder, or applicant, including testimony concerning any

supplemental testing or documents relating to the examination

and evaluation. No information, report, record, or other

documents in any way related to the examination and evaluation

shall be excluded by reason of any common law or statutory

privilege relating to communication between the licensee,

permit holder, or applicant and the examining physician or any

member of the multidisciplinary team. No authorization is

necessary from the licensee, permit holder, or applicant

ordered to undergo an evaluation and examination for the

examining physician or any member of the multidisciplinary

team to provide information, reports, records, or other

documents or to provide any testimony regarding the

examination and evaluation. The individual to be examined may

have, at his or her own expense, another physician of his or

her choice present during all aspects of the examination.

Failure of any individual to submit to mental or physical

examination and evaluation, or both, when directed, shall

result in an automatic suspension, without hearing, until such

time as the individual submits to the examination. If the

Medical Disciplinary Board or Licensing Board finds a

physician unable to practice following an examination and

evaluation because of the reasons set forth in this Section,

the Medical Disciplinary Board or Licensing Board shall

require such physician to submit to care, counseling, or

treatment by physicians, or other health care professionals,

approved or designated by the Medical Disciplinary Board, as a

condition for issued, continued, reinstated, or renewed

licensure to practice. Any physician, whose license was

granted pursuant to Sections 9, 17, or 19 of this Act, or,

continued, reinstated, renewed, disciplined or supervised,

subject to such terms, conditions, or restrictions who shall

fail to comply with such terms, conditions, or restrictions,

or to complete a required program of care, counseling, or

treatment, as determined by the Chief Medical Coordinator or

Deputy Medical Coordinators, shall be referred to the

Secretary for a determination as to whether the licensee shall

have his or her their license suspended immediately, pending a

hearing by the Medical Disciplinary Board. In instances in

which the Secretary immediately suspends a license under this

Section, a hearing upon such person's license must be convened

by the Medical Disciplinary Board within 15 days after such

suspension and completed without appreciable delay. The

Medical Disciplinary Board shall have the authority to review

the subject physician's record of treatment and counseling

regarding the impairment, to the extent permitted by

applicable federal statutes and regulations safeguarding the

confidentiality of medical records.

An individual licensed under this Act, affected under this

Section, shall be afforded an opportunity to demonstrate to

the Medical Disciplinary Board that he or she they can resume

practice in compliance with acceptable and prevailing

standards under the provisions of his or her their license.

The Department may promulgate rules for the imposition of

fines in disciplinary cases, not to exceed $10,000 for each

violation of this Act. Fines may be imposed in conjunction

with other forms of disciplinary action, but shall not be the

exclusive disposition of any disciplinary action arising out

of conduct resulting in death or injury to a patient. Any funds

collected from such fines shall be deposited in the Illinois

State Medical Disciplinary Fund.

All fines imposed under this Section shall be paid within

60 days after the effective date of the order imposing the fine

or in accordance with the terms set forth in the order imposing

the fine.

(B) The Department shall revoke the license or permit

issued under this Act to practice medicine or a chiropractic

physician who has been convicted a second time of committing

any felony under the Illinois Controlled Substances Act or the

Methamphetamine Control and Community Protection Act, or who

has been convicted a second time of committing a Class 1 felony

under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A

person whose license or permit is revoked under this

subsection B shall be prohibited from practicing medicine or

treating human ailments without the use of drugs and without

operative surgery.

(C) The Department shall not revoke, suspend, place on

probation, reprimand, refuse to issue or renew, or take any

other disciplinary or non-disciplinary action against the

license or permit issued under this Act to practice medicine

to a physician:

(1) based solely upon the recommendation of the

physician to an eligible patient regarding, or

prescription for, or treatment with, an investigational

drug, biological product, or device; or

(2) for experimental treatment for Lyme disease or

other tick-borne diseases, including, but not limited to,

the prescription of or treatment with long-term

antibiotics.

(D) The Medical Disciplinary Board shall recommend to the

Department civil penalties and any other appropriate

discipline in disciplinary cases when the Medical Board finds

that a physician willfully performed an abortion with actual

knowledge that the person upon whom the abortion has been

performed is a minor or an incompetent person without notice

as required under the Parental Notice of Abortion Act of 1995.

Upon the Medical Board's recommendation, the Department shall

impose, for the first violation, a civil penalty of $1,000 and

for a second or subsequent violation, a civil penalty of

$5,000.

(Source: P.A. 100-429, eff. 8-25-17; 100-513, eff. 1-1-18;

100-605, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1137, eff.

1-1-19; 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; 101-363,

eff. 8-9-19; revised 9-20-19.)

(225 ILCS 60/23) (from Ch. 111, par. 4400-23)

(Section scheduled to be repealed on January 1, 2022)

Sec. 23. Reports relating to professional conduct and

capacity.

(A) Entities required to report.

(1) Health care institutions. The chief administrator

or executive officer of any health care institution

licensed by the Illinois Department of Public Health shall

report to the Medical Disciplinary Board when any person's

clinical privileges are terminated or are restricted based

on a final determination made in accordance with that

institution's by-laws or rules and regulations that a

person has either committed an act or acts which may

directly threaten patient care or that a person may have a

mental or physical disability that may endanger patients

under that person's care. Such officer also shall report

if a person accepts voluntary termination or restriction

of clinical privileges in lieu of formal action based upon

conduct related directly to patient care or in lieu of

formal action seeking to determine whether a person may

have a mental or physical disability that may endanger

patients under that person's care. The Medical

Disciplinary Board shall, by rule, provide for the

reporting to it by health care institutions of all

instances in which a person, licensed under this Act, who

is impaired by reason of age, drug or alcohol abuse or

physical or mental impairment, is under supervision and,

where appropriate, is in a program of rehabilitation. Such

reports shall be strictly confidential and may be reviewed

and considered only by the members of the Medical

Disciplinary Board, or by authorized staff as provided by

rules of the Medical Disciplinary Board. Provisions shall

be made for the periodic report of the status of any such

person not less than twice annually in order that the

Medical Disciplinary Board shall have current information

upon which to determine the status of any such person.

Such initial and periodic reports of impaired physicians

shall not be considered records within the meaning of The

State Records Act and shall be disposed of, following a

determination by the Medical Disciplinary Board that such

reports are no longer required, in a manner and at such

time as the Medical Disciplinary Board shall determine by

rule. The filing of such reports shall be construed as the

filing of a report for purposes of subsection (C) of this

Section.

(1.5) Clinical training programs. The program director

of any post-graduate clinical training program shall

report to the Medical Disciplinary Board if a person

engaged in a post-graduate clinical training program at

the institution, including, but not limited to, a

residency or fellowship, separates from the program for

any reason prior to its conclusion. The program director

shall provide all documentation relating to the separation

if, after review of the report, the Medical Disciplinary

Board determines that a review of those documents is

necessary to determine whether a violation of this Act

occurred.

(2) Professional associations. The President or chief

executive officer of any association or society, of

persons licensed under this Act, operating within this

State shall report to the Medical Disciplinary Board when

the association or society renders a final determination

that a person has committed unprofessional conduct related

directly to patient care or that a person may have a mental

or physical disability that may endanger patients under

that person's care.

(3) Professional liability insurers. Every insurance

company which offers policies of professional liability

insurance to persons licensed under this Act, or any other

entity which seeks to indemnify the professional liability

of a person licensed under this Act, shall report to the

Medical Disciplinary Board the settlement of any claim or

cause of action, or final judgment rendered in any cause

of action, which alleged negligence in the furnishing of

medical care by such licensed person when such settlement

or final judgment is in favor of the plaintiff.

(4) State's Attorneys. The State's Attorney of each

county shall report to the Medical Disciplinary Board,

within 5 days, any instances in which a person licensed

under this Act is convicted of any felony or Class A

misdemeanor. The State's Attorney of each county may

report to the Medical Disciplinary Board through a

verified complaint any instance in which the State's

Attorney believes that a physician has willfully violated

the notice requirements of the Parental Notice of Abortion

Act of 1995.

(5) State agencies. All agencies, boards, commissions,

departments, or other instrumentalities of the government

of the State of Illinois shall report to the Medical

Disciplinary Board any instance arising in connection with

the operations of such agency, including the

administration of any law by such agency, in which a

person licensed under this Act has either committed an act

or acts which may be a violation of this Act or which may

constitute unprofessional conduct related directly to

patient care or which indicates that a person licensed

under this Act may have a mental or physical disability

that may endanger patients under that person's care.

(B) Mandatory reporting. All reports required by items

(34), (35), and (36) of subsection (A) of Section 22 and by

Section 23 shall be submitted to the Medical Disciplinary

Board in a timely fashion. Unless otherwise provided in this

Section, the reports shall be filed in writing within 60 days

after a determination that a report is required under this

Act. All reports shall contain the following information:

(1) The name, address and telephone number of the

person making the report.

(2) The name, address and telephone number of the

person who is the subject of the report.

(3) The name and date of birth of any patient or

patients whose treatment is a subject of the report, if

available, or other means of identification if such

information is not available, identification of the

hospital or other healthcare facility where the care at

issue in the report was rendered, provided, however, no

medical records may be revealed.

(4) A brief description of the facts which gave rise

to the issuance of the report, including the dates of any

occurrences deemed to necessitate the filing of the

report.

(5) If court action is involved, the identity of the

court in which the action is filed, along with the docket

number and date of filing of the action.

(6) Any further pertinent information which the

reporting party deems to be an aid in the evaluation of the

report.

The Medical Disciplinary Board or Department may also

exercise the power under Section 38 of this Act to subpoena

copies of hospital or medical records in mandatory report

cases alleging death or permanent bodily injury. Appropriate

rules shall be adopted by the Department with the approval of

the Medical Disciplinary Board.

When the Department has received written reports

concerning incidents required to be reported in items (34),

(35), and (36) of subsection (A) of Section 22, the licensee's

failure to report the incident to the Department under those

items shall not be the sole grounds for disciplinary action.

Nothing contained in this Section shall act to in any way,

waive or modify the confidentiality of medical reports and

committee reports to the extent provided by law. Any

information reported or disclosed shall be kept for the

confidential use of the Medical Disciplinary Board, the

Medical Coordinators, the Medical Disciplinary Board's

attorneys, the medical investigative staff, and authorized

clerical staff, as provided in this Act, and shall be afforded

the same status as is provided information concerning medical

studies in Part 21 of Article VIII of the Code of Civil

Procedure, except that the Department may disclose information

and documents to a federal, State, or local law enforcement

agency pursuant to a subpoena in an ongoing criminal

investigation or to a health care licensing body or medical

licensing authority of this State or another state or

jurisdiction pursuant to an official request made by that

licensing body or medical licensing authority. Furthermore,

information and documents disclosed to a federal, State, or

local law enforcement agency may be used by that agency only

for the investigation and prosecution of a criminal offense,

or, in the case of disclosure to a health care licensing body

or medical licensing authority, only for investigations and

disciplinary action proceedings with regard to a license.

Information and documents disclosed to the Department of

Public Health may be used by that Department only for

investigation and disciplinary action regarding the license of

a health care institution licensed by the Department of Public

Health.

(C) Immunity from prosecution. Any individual or

organization acting in good faith, and not in a wilful and

wanton manner, in complying with this Act by providing any

report or other information to the Medical Disciplinary Board

or a peer review committee, or assisting in the investigation

or preparation of such information, or by voluntarily

reporting to the Medical Disciplinary Board or a peer review

committee information regarding alleged errors or negligence

by a person licensed under this Act, or by participating in

proceedings of the Medical Disciplinary Board or a peer review

committee, or by serving as a member of the Medical

Disciplinary Board or a peer review committee, shall not, as a

result of such actions, be subject to criminal prosecution or

civil damages.

(D) Indemnification. Members of the Medical Disciplinary

Board, the Licensing Board, the Medical Coordinators, the

Medical Disciplinary Board's attorneys, the medical

investigative staff, physicians retained under contract to

assist and advise the medical coordinators in the

investigation, and authorized clerical staff shall be

indemnified by the State for any actions occurring within the

scope of services on the Medical Disciplinary Board or

Licensing Board, done in good faith and not wilful and wanton

in nature. The Attorney General shall defend all such actions

unless he or she determines either that there would be a

conflict of interest in such representation or that the

actions complained of were not in good faith or were wilful and

wanton.

Should the Attorney General decline representation, the

member shall have the right to employ counsel of his or her

choice, whose fees shall be provided by the State, after

approval by the Attorney General, unless there is a

determination by a court that the member's actions were not in

good faith or were wilful and wanton.

The member must notify the Attorney General within 7 days

of receipt of notice of the initiation of any action involving

services of the Medical Disciplinary Board. Failure to so

notify the Attorney General shall constitute an absolute

waiver of the right to a defense and indemnification.

The Attorney General shall determine within 7 days after

receiving such notice, whether he or she will undertake to

represent the member.

(E) Deliberations of Medical Disciplinary Board. Upon the

receipt of any report called for by this Act, other than those

reports of impaired persons licensed under this Act required

pursuant to the rules of the Medical Disciplinary Board, the

Medical Disciplinary Board shall notify in writing, by

certified mail or email, the person who is the subject of the

report. Such notification shall be made within 30 days of

receipt by the Medical Disciplinary Board of the report.

The notification shall include a written notice setting

forth the person's right to examine the report. Included in

such notification shall be the address at which the file is

maintained, the name of the custodian of the reports, and the

telephone number at which the custodian may be reached. The

person who is the subject of the report shall submit a written

statement responding, clarifying, adding to, or proposing the

amending of the report previously filed. The person who is the

subject of the report shall also submit with the written

statement any medical records related to the report. The

statement and accompanying medical records shall become a

permanent part of the file and must be received by the Medical

Disciplinary Board no more than 30 days after the date on which

the person was notified by the Medical Disciplinary Board of

the existence of the original report.

The Medical Disciplinary Board shall review all reports

received by it, together with any supporting information and

responding statements submitted by persons who are the subject

of reports. The review by the Medical Disciplinary Board shall

be in a timely manner but in no event, shall the Medical

Disciplinary Board's initial review of the material contained

in each disciplinary file be less than 61 days nor more than

180 days after the receipt of the initial report by the Medical

Disciplinary Board.

When the Medical Disciplinary Board makes its initial

review of the materials contained within its disciplinary

files, the Medical Disciplinary Board shall, in writing, make

a determination as to whether there are sufficient facts to

warrant further investigation or action. Failure to make such

determination within the time provided shall be deemed to be a

determination that there are not sufficient facts to warrant

further investigation or action.

Should the Medical Disciplinary Board find that there are

not sufficient facts to warrant further investigation, or

action, the report shall be accepted for filing and the matter

shall be deemed closed and so reported to the Secretary. The

Secretary shall then have 30 days to accept the Medical

Disciplinary Board's decision or request further

investigation. The Secretary shall inform the Medical Board of

the decision to request further investigation, including the

specific reasons for the decision. The individual or entity

filing the original report or complaint and the person who is

the subject of the report or complaint shall be notified in

writing by the Secretary of any final action on their report or

complaint. The Department shall disclose to the individual or

entity who filed the original report or complaint, on request,

the status of the Medical Disciplinary Board's review of a

specific report or complaint. Such request may be made at any

time, including prior to the Medical Disciplinary Board's

determination as to whether there are sufficient facts to

warrant further investigation or action.

(F) Summary reports. The Medical Disciplinary Board shall

prepare, on a timely basis, but in no event less than once

every other month, a summary report of final disciplinary

actions taken upon disciplinary files maintained by the

Medical Disciplinary Board. The summary reports shall be made

available to the public upon request and payment of the fees

set by the Department. This publication may be made available

to the public on the Department's website. Information or

documentation relating to any disciplinary file that is closed

without disciplinary action taken shall not be disclosed and

shall be afforded the same status as is provided by Part 21 of

Article VIII of the Code of Civil Procedure.

(G) Any violation of this Section shall be a Class A

misdemeanor.

(H) If any such person violates the provisions of this

Section an action may be brought in the name of the People of

the State of Illinois, through the Attorney General of the

State of Illinois, for an order enjoining such violation or

for an order enforcing compliance with this Section. Upon

filing of a verified petition in such court, the court may

issue a temporary restraining order without notice or bond and

may preliminarily or permanently enjoin such violation, and if

it is established that such person has violated or is

violating the injunction, the court may punish the offender

for contempt of court. Proceedings under this paragraph shall

be in addition to, and not in lieu of, all other remedies and

penalties provided for by this Section.

(Source: P.A. 98-601, eff. 12-30-13; 99-143, eff. 7-27-15.)

(225 ILCS 60/24) (from Ch. 111, par. 4400-24)

(Section scheduled to be repealed on January 1, 2022)

Sec. 24. Report of violations; medical associations.

(a) Any physician licensed under this Act, the Illinois

State Medical Society, the Illinois Association of Osteopathic

Physicians and Surgeons, the Illinois Chiropractic Society,

the Illinois Prairie State Chiropractic Association, or any

component societies of any of these 4 groups, and any other

person, may report to the Medical Disciplinary Board any

information the physician, association, society, or person may

have that appears to show that a physician is or may be in

violation of any of the provisions of Section 22 of this Act.

(b) The Department may enter into agreements with the

Illinois State Medical Society, the Illinois Association of

Osteopathic Physicians and Surgeons, the Illinois Prairie

State Chiropractic Association, or the Illinois Chiropractic

Society to allow these organizations to assist the Medical

Disciplinary Board in the review of alleged violations of this

Act. Subject to the approval of the Department, any

organization party to such an agreement may subcontract with

other individuals or organizations to assist in review.

(c) Any physician, association, society, or person

participating in good faith in the making of a report under

this Act or participating in or assisting with an

investigation or review under this Act shall have immunity

from any civil, criminal, or other liability that might result

by reason of those actions.

(d) The medical information in the custody of an entity

under contract with the Department participating in an

investigation or review shall be privileged and confidential

to the same extent as are information and reports under the

provisions of Part 21 of Article VIII of the Code of Civil

Procedure.

(e) Upon request by the Department after a mandatory

report has been filed with the Department, an attorney for any

party seeking to recover damages for injuries or death by

reason of medical, hospital, or other healing art malpractice

shall provide patient records related to the physician

involved in the disciplinary proceeding to the Department

within 30 days of the Department's request for use by the

Department in any disciplinary matter under this Act. An

attorney who provides patient records to the Department in

accordance with this requirement shall not be deemed to have

violated any attorney-client privilege. Notwithstanding any

other provision of law, consent by a patient shall not be

required for the provision of patient records in accordance

with this requirement.

(f) For the purpose of any civil or criminal proceedings,

the good faith of any physician, association, society or

person shall be presumed.

(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

(225 ILCS 60/25) (from Ch. 111, par. 4400-25)

(Section scheduled to be repealed on January 1, 2022)

Sec. 25. The Secretary of the Department may, upon receipt

of a written communication from the Secretary of Human

Services, the Director of Healthcare and Family Services

(formerly Director of Public Aid), or the Director of Public

Health that continuation of practice of a person licensed

under this Act constitutes an immediate danger to the public,

and after consultation with the Chief Medical Coordinator or

Deputy Medical Coordinator, immediately suspend the license of

such person without a hearing. In instances in which the

Secretary immediately suspends a license under this Section, a

hearing upon such person's license must be convened by the

Medical Disciplinary Board within 15 days after such

suspension and completed without appreciable delay. Such

hearing is to be held to determine whether to recommend to the

Secretary that the person's license be revoked, suspended,

placed on probationary status or reinstated, or whether such

person should be subject to other disciplinary action. In the

hearing, the written communication and any other evidence

submitted therewith may be introduced as evidence against such

person; provided however, the person, or their counsel, shall

have the opportunity to discredit, impeach and submit evidence

rebutting such evidence.

(Source: P.A. 97-622, eff. 11-23-11.)

(225 ILCS 60/35) (from Ch. 111, par. 4400-35)

(Section scheduled to be repealed on January 1, 2022)

Sec. 35. The Secretary shall have the authority to appoint

an attorney duly licensed to practice law in the State of

Illinois to serve as the hearing officer in any action to

suspend, revoke, place on probationary status, or take any

other disciplinary action with regard to a license. The

hearing officer shall have full authority to conduct the

hearing. The hearing officer shall report his findings and

recommendations to the Medical Disciplinary Board or Licensing

Board within 30 days of the receipt of the record. The Medical

Disciplinary Board or Licensing Board shall have 60 days from

receipt of the report to review the report of the hearing

officer and present their findings of fact, conclusions of law

and recommendations to the Secretary.

(Source: P.A. 100-429, eff. 8-25-17.)

(225 ILCS 60/36) (from Ch. 111, par. 4400-36)

(Section scheduled to be repealed on January 1, 2022)

Sec. 36. Investigation; notice.

(a) Upon the motion of either the Department or the

Medical Disciplinary Board or upon the verified complaint in

writing of any person setting forth facts which, if proven,

would constitute grounds for suspension or revocation under

Section 22 of this Act, the Department shall investigate the

actions of any person, so accused, who holds or represents

that he or she holds a license. Such person is hereinafter

called the accused.

(b) The Department shall, before suspending, revoking,

placing on probationary status, or taking any other

disciplinary action as the Department may deem proper with

regard to any license at least 30 days prior to the date set

for the hearing, notify the accused in writing of any charges

made and the time and place for a hearing of the charges before

the Medical Disciplinary Board, direct him or her to file his

or her written answer thereto to the Medical Disciplinary

Board under oath within 20 days after the service on him or her

of such notice and inform him or her that if he or she fails to

file such answer default will be taken against him or her and

his or her license may be suspended, revoked, placed on

probationary status, or have other disciplinary action,

including limiting the scope, nature or extent of his or her

practice, as the Department may deem proper taken with regard

thereto. The Department shall, at least 14 days prior to the

date set for the hearing, notify in writing any person who

filed a complaint against the accused of the time and place for

the hearing of the charges against the accused before the

Medical Disciplinary Board and inform such person whether he

or she may provide testimony at the hearing.

(c) (Blank).

(d) Such written notice and any notice in such proceedings

thereafter may be served by personal delivery, email to the

respondent's email address of record, or mail to the

respondent's address of record.

(e) All information gathered by the Department during its

investigation including information subpoenaed under Section

23 or 38 of this Act and the investigative file shall be kept

for the confidential use of the Secretary, the Medical

Disciplinary Board, the Medical Coordinators, persons employed

by contract to advise the Medical Coordinator or the

Department, the Medical Disciplinary Board's attorneys, the

medical investigative staff, and authorized clerical staff, as

provided in this Act and shall be afforded the same status as

is provided information concerning medical studies in Part 21

of Article VIII of the Code of Civil Procedure, except that the

Department may disclose information and documents to a

federal, State, or local law enforcement agency pursuant to a

subpoena in an ongoing criminal investigation to a health care

licensing body of this State or another state or jurisdiction

pursuant to an official request made by that licensing body.

Furthermore, information and documents disclosed to a federal,

State, or local law enforcement agency may be used by that

agency only for the investigation and prosecution of a

criminal offense or, in the case of disclosure to a health care

licensing body, only for investigations and disciplinary

action proceedings with regard to a license issued by that

licensing body.

(Source: P.A. 101-13, eff. 6-12-19; 101-316, eff. 8-9-19;

revised 9-20-19.)

(225 ILCS 60/37) (from Ch. 111, par. 4400-37)

(Section scheduled to be repealed on January 1, 2022)

Sec. 37. Disciplinary actions.

(a) At the time and place fixed in the notice, the Medical

Disciplinary Board provided for in this Act shall proceed to

hear the charges, and the accused person shall be accorded

ample opportunity to present in person, or by counsel, such

statements, testimony, evidence and argument as may be

pertinent to the charges or to any defense thereto. The

Medical Disciplinary Board may continue such hearing from time

to time. If the Medical Disciplinary Board is not sitting at

the time and place fixed in the notice or at the time and place

to which the hearing has been continued, the Department shall

continue such hearing for a period not to exceed 30 days.

(b) In case the accused person, after receiving notice,

fails to file an answer, their license may, in the discretion

of the Secretary, having received first the recommendation of

the Medical Disciplinary Board, be suspended, revoked or

placed on probationary status, or the Secretary may take

whatever disciplinary action as he or she may deem proper,

including limiting the scope, nature, or extent of said

person's practice, without a hearing, if the act or acts

charged constitute sufficient grounds for such action under

this Act.

(c) The Medical Disciplinary Board has the authority to

recommend to the Secretary that probation be granted or that

other disciplinary or non-disciplinary action, including the

limitation of the scope, nature or extent of a person's

practice, be taken as it deems proper. If disciplinary or

non-disciplinary action, other than suspension or revocation,

is taken the Medical Disciplinary Board may recommend that the

Secretary impose reasonable limitations and requirements upon

the accused registrant to ensure insure compliance with the

terms of the probation or other disciplinary action including,

but not limited to, regular reporting by the accused to the

Department of their actions, placing themselves under the care

of a qualified physician for treatment, or limiting their

practice in such manner as the Secretary may require.

(d) The Secretary, after consultation with the Chief

Medical Coordinator or Deputy Medical Coordinator, may

temporarily suspend the license of a physician without a

hearing, simultaneously with the institution of proceedings

for a hearing provided under this Section if the Secretary

finds that evidence in his or her possession indicates that a

physician's continuation in practice would constitute an

immediate danger to the public. In the event that the

Secretary suspends, temporarily, the license of a physician

without a hearing, a hearing by the Medical Disciplinary Board

shall be held within 15 days after such suspension has

occurred and shall be concluded without appreciable delay.

(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

(225 ILCS 60/38) (from Ch. 111, par. 4400-38)

(Section scheduled to be repealed on January 1, 2022)

Sec. 38. Subpoena; oaths.

(a) The Medical Disciplinary Board or Department has power

to subpoena and bring before it any person in this State and to

take testimony either orally or by deposition, or both, with

the same fees and mileage and in the same manner as is

prescribed by law for judicial procedure in civil cases.

(b) The Medical Disciplinary Board or Department, upon a

determination that probable cause exists that a violation of

one or more of the grounds for discipline listed in Section 22

has occurred or is occurring, may subpoena the medical and

hospital records of individual patients of physicians licensed

under this Act, provided, that prior to the submission of such

records to the Medical Disciplinary Board, all information

indicating the identity of the patient shall be removed and

deleted. Notwithstanding the foregoing, the Medical

Disciplinary Board and Department shall possess the power to

subpoena copies of hospital or medical records in mandatory

report cases under Section 23 alleging death or permanent

bodily injury when consent to obtain records is not provided

by a patient or legal representative. Prior to submission of

the records to the Medical Disciplinary Board, all information

indicating the identity of the patient shall be removed and

deleted. All medical records and other information received

pursuant to subpoena shall be confidential and shall be

afforded the same status as is proved information concerning

medical studies in Part 21 of Article VIII of the Code of Civil

Procedure. The use of such records shall be restricted to

members of the Medical Disciplinary Board, the medical

coordinators, and appropriate staff of the Department

designated by the Medical Disciplinary Board for the purpose

of determining the existence of one or more grounds for

discipline of the physician as provided for by Section 22 of

this Act. Any such review of individual patients' records

shall be conducted by the Medical Disciplinary Board in strict

confidentiality, provided that such patient records shall be

admissible in a disciplinary hearing, before the Medical

Disciplinary Board, when necessary to substantiate the grounds

for discipline alleged against the physician licensed under

this Act, and provided further, that nothing herein shall be

deemed to supersede the provisions of Part 21 of Article VIII

of the "Code of Civil Procedure", as now or hereafter amended,

to the extent applicable.

(c) The Secretary, hearing officer, and any member of the

Medical Disciplinary Board each have power to administer oaths

at any hearing which the Medical Disciplinary Board or

Department is authorized by law to conduct.

(d) The Medical Disciplinary Board, upon a determination

that probable cause exists that a violation of one or more of

the grounds for discipline listed in Section 22 has occurred

or is occurring on the business premises of a physician

licensed under this Act, may issue an order authorizing an

appropriately qualified investigator employed by the

Department to enter upon the business premises with due

consideration for patient care of the subject of the

investigation so as to inspect the physical premises and

equipment and furnishings therein. No such order shall include

the right of inspection of business, medical, or personnel

records located on the premises. For purposes of this Section,

"business premises" is defined as the office or offices where

the physician conducts the practice of medicine. Any such

order shall expire and become void five business days after

its issuance by the Medical Disciplinary Board. The execution

of any such order shall be valid only during the normal

business hours of the facility or office to be inspected.

(Source: P.A. 101-316, eff. 8-9-19.)

(225 ILCS 60/39) (from Ch. 111, par. 4400-39)

(Section scheduled to be repealed on January 1, 2022)

Sec. 39. Certified shorthand reporter; record. The

Department, at its expense, shall provide a certified

shorthand reporter to take down the testimony and preserve a

record of all proceedings at the hearing of any case wherein a

license may be revoked, suspended, placed on probationary

status, or other disciplinary action taken with regard thereto

in accordance with Section 2105-115 of the Department of

Professional Regulation Law of the Civil Administrative Code

of Illinois. The notice of hearing, complaint and all other

documents in the nature of pleadings and written motions filed

in the proceedings, the transcript of testimony, the report of

the hearing officer, exhibits, the report of the Medical

Board, and the orders of the Department constitute the record

of the proceedings.

(Source: P.A. 100-429, eff. 8-25-17; 101-316, eff. 8-9-19.)

(225 ILCS 60/40) (from Ch. 111, par. 4400-40)

(Section scheduled to be repealed on January 1, 2022)

Sec. 40. Findings and recommendations; rehearing.

(a) The Medical Disciplinary Board shall present to the

Secretary a written report of its findings and

recommendations. A copy of such report shall be served upon

the accused person, either personally or by mail or email.

Within 20 days after such service, the accused person may

present to the Department his or her motion, in writing, for a

rehearing, which written motion shall specify the particular

ground therefor. If the accused person orders and pays for a

transcript of the record as provided in Section 39, the time

elapsing thereafter and before such transcript is ready for

delivery to them shall not be counted as part of such 20 days.

(b) At the expiration of the time allowed for filing a

motion for rehearing, the Secretary may take the action

recommended by the Medical Disciplinary Board. Upon the

suspension, revocation, placement on probationary status, or

the taking of any other disciplinary action, including the

limiting of the scope, nature, or extent of one's practice,

deemed proper by the Department, with regard to the license or

permit, the accused shall surrender his or her license or

permit to the Department, if ordered to do so by the

Department, and upon his or her failure or refusal so to do,

the Department may seize the same.

(c) Each order of revocation, suspension, or other

disciplinary action shall contain a brief, concise statement

of the ground or grounds upon which the Department's action is

based, as well as the specific terms and conditions of such

action. This document shall be retained as a permanent record

by the Department Disciplinary Board and the Secretary.

(d) (Blank). The Department shall at least annually

publish a list of the names of all persons disciplined under

this Act in the preceding 12 months. Such lists shall be

available by the Department on its website.

(e) In those instances where an order of revocation,

suspension, or other disciplinary action has been rendered by

virtue of a physician's physical illness, including, but not

limited to, deterioration through the aging process, or loss

of motor skill which results in a physician's inability to

practice medicine with reasonable judgment, skill, or safety,

the Department shall only permit this document, and the record

of the hearing incident thereto, to be observed, inspected,

viewed, or copied pursuant to court order.

(Source: P.A. 101-316, eff. 8-9-19.)

(225 ILCS 60/41) (from Ch. 111, par. 4400-41)

(Section scheduled to be repealed on January 1, 2022)

Sec. 41. Administrative review; certification of record.

(a) All final administrative decisions of the Department

are subject to judicial review pursuant to the Administrative

Review Law and its rules. The term "administrative decision"

is defined as in Section 3-101 of the Code of Civil Procedure.

(b) Proceedings for judicial review shall be commenced in

the circuit court of the county in which the party applying for

review resides; but if the party is not a resident of this

State, the venue shall be in Sangamon County.

(c) The Department shall not be required to certify any

record to the court, to file an answer in court, or to

otherwise appear in any court in a judicial review proceeding

unless and until the Department has received from the

plaintiff payment of the costs of furnishing and certifying

the record, which costs shall be determined by the Department.

Exhibits shall be certified without cost. Failure on the part

of the plaintiff to file a receipt in court shall be grounds

for dismissal of the action. During the pendency and hearing

of any and all judicial proceedings incident to the

disciplinary action the sanctions imposed upon the accused by

the Department because of acts or omissions related to the

delivery of direct patient care as specified in the

Department's final administrative decision, shall as a matter

of public policy remain in full force and effect in order to

protect the public pending final resolution of any of the

proceedings.

(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

(225 ILCS 60/42) (from Ch. 111, par. 4400-42)

(Section scheduled to be repealed on January 1, 2022)

Sec. 42. An order of revocation, suspension, placing the

license on probationary status, or other formal disciplinary

action as the Department may deem proper, or a certified copy

thereof, over the seal of the Department and purporting to be

signed by the Secretary, is prima facie proof that:

(a) Such signature is the genuine signature of the

Secretary;

(b) The Secretary is duly appointed and qualified; and

(c) The Medical Disciplinary Board and the members

thereof are qualified.

Such proof may be rebutted.

(Source: P.A. 97-622, eff. 11-23-11.)

(225 ILCS 60/44) (from Ch. 111, par. 4400-44)

(Section scheduled to be repealed on January 1, 2022)

Sec. 44. None of the disciplinary functions, powers and

duties enumerated in this Act shall be exercised by the

Department except upon the action and report in writing of the

Medical Disciplinary Board.

In all instances, under this Act, in which the Medical

Disciplinary Board has rendered a recommendation to the

Secretary with respect to a particular physician, the

Secretary may take action contrary to the recommendation of

the Medical Board. In shall, in the event that the Secretary he

or she disagrees with or takes action contrary to the

recommendation of the Medical Disciplinary Board, file with

the Medical Disciplinary Board his or her specific written

reasons of disagreement with the Medical Disciplinary Board.

Such reasons shall be filed within 30 days of the occurrence of

the Secretary's contrary position having been taken.

The action and report in writing of a majority of the

Medical Disciplinary Board designated is sufficient authority

upon which the Secretary may act.

Whenever the Secretary is satisfied that substantial

justice has not been done either in an examination, or in a

formal disciplinary action, or refusal to restore a license,

he or she may order a reexamination or rehearing by the same or

other examiners.

(Source: P.A. 97-622, eff. 11-23-11.)

(225 ILCS 60/47) (from Ch. 111, par. 4400-47)

(Section scheduled to be repealed on January 1, 2022)

Sec. 47. Administrative Procedure Act. The Illinois

Administrative Procedure Act is hereby expressly adopted and

incorporated herein as if all of the provisions of that Act

were included in this Act, except that the provision of

subsection (d) of Section 10-65 of the Illinois Administrative

Procedure Act that provides that at hearings the licensee has

the right to show compliance with all lawful requirements for

retention, continuation or renewal of the license is

specifically excluded. For the purposes of this Act the notice

required under Section 10-25 of the Illinois Administrative

Procedure Act is deemed sufficient when mailed or emailed to

the address of record of a party.

(Source: P.A. 97-622, eff. 11-23-11.)

Section 25. The Boxing and Full-contact Martial Arts Act

is amended by changing Sections 1, 2, 5, 6, 7, 8, 10, 11, 12,

13, 15, 16, 17, 17.7, 17.8, 17.9, 18, 19, 19.1, 19.5, 20, 21,

22, 23, 23.1, 24, 24.5, and 25.1 and by adding Sections 1.4 and

2.5 as follows:

(225 ILCS 105/1) (from Ch. 111, par. 5001)

(Section scheduled to be repealed on January 1, 2022)

Sec. 1. Short title and definitions.

(a) This Act may be cited as the Boxing and Full-contact

Martial Arts Act.

(b) As used in this Act:

"Department" means the Department of Financial and

Professional Regulation.

"Secretary" means the Secretary of Financial and

Professional Regulation or a person authorized by the

Secretary to act in the Secretary's stead.

"Board" means the State of Illinois Athletic Board

established pursuant to this Act.

"License" means the license issued for promoters,

professionals, amateurs, or officials in accordance with

this Act.

"Contest Professional contest" means a boxing or

full-contact martial arts competition in which all of the

participants competing against one another are

professionals or amateurs and where the public is able to

attend or a fee is charged.

"Permit" means the authorization from the Department

to a promoter to conduct professional or amateur contests,

or a combination of both.

"Promoter" means a person who is licensed and who

holds a permit to conduct professional or amateur

contests, or a combination of both.

Unless the context indicates otherwise, "person"

includes, but is not limited to, an individual,

association, organization, business entity, gymnasium, or

club.

"Judge" means a person licensed by the Department who

is located at ringside or adjacent to the fighting area

during a professional contest and who has the

responsibility of scoring the performance of the

participants in that professional or amateur contest.

"Referee" means a person licensed by the Department

who has the general supervision of and is present inside

of the ring or fighting area during a professional or

amateur contest.

"Amateur" means a person licensed registered by the

Department who is not competing for, and has never

received or competed for, any purse or other article of

value, directly or indirectly, either for participating in

any contest or for the expenses of training therefor,

other than a non-monetary prize that does not exceed $50

in value.

"Professional" means a person licensed by the

Department who competes for a money prize, purse, or other

type of compensation in a professional contest held in

Illinois.

"Second" means a person licensed by the Department who

is present at any professional or amateur contest to

provide assistance or advice to a professional during the

contest.

"Matchmaker" means a person licensed by the Department

who brings together professionals or amateurs to compete

in contests.

"Manager" means a person licensed by the Department

who is not a promoter and who, under contract, agreement,

or other arrangement, undertakes to, directly or

indirectly, control or administer the affairs of

contestants professionals.

"Timekeeper" means a person licensed by the Department

who is the official timer of the length of rounds and the

intervals between the rounds.

"Purse" means the financial guarantee or any other

remuneration for which contestants are participating in a

professional contest.

"Physician" means a person licensed to practice

medicine in all its branches under the Medical Practice

Act of 1987.

"Martial arts" means a discipline or combination of

different disciplines that utilizes sparring techniques

without the intent to injure, disable, or incapacitate

one's opponent, such as, but not limited to, Karate, Kung

Fu, Judo, Jujutsu, and Tae Kwon Do, and Kyuki-Do.

"Full-contact martial arts" means the use of a

singular discipline or a combination of techniques from

different disciplines of the martial arts, including,

without limitation, full-force grappling, kicking, and

striking with the intent to injure, disable, or

incapacitate one's opponent.

"Amateur contest" means a boxing or full-contact

martial arts competition in which all of the participants

competing against one another are amateurs and where the

public is able to attend or a fee is charged.

"Contestant" means a person who competes in either a

boxing or full-contact martial arts contest.

"Address of record" means the designated address

recorded by the Department in the applicant's or

licensee's application file or , license file, or

registration file as maintained by the Department's

licensure maintenance unit. It is the duty of the

applicant or licensee to inform the Department of any

change of address and those changes must be made either

through the Department's website or by contacting the

Department.

"Bout" means one match between 2 contestants.

"Sanctioning body" means an organization approved by

the Department under the requirements and standards stated

in this Act and the rules adopted under this Act to act as

a governing body that sanctions professional or amateur

full-contact martial arts contests.

"Email address of record" means the designated email

address recorded by the Department in the applicant's

application file or the licensee's license file as

maintained by the Department's licensure maintenance unit.

(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11;

97-1123, eff. 8-27-12.)

(225 ILCS 105/1.4 new)

Sec. 1.4. Address of record; email address of record. All

applicants and licensees shall:

(1) provide a valid address and email address to the

Department, which shall serve as the address of record and

email address of record, respectively, at the time of

application for licensure or renewal of a license; and

(2) inform the Department of any change of address of

record or email address of record within 14 days after

such change either through the Department's website or by

contacting the Department's licensure maintenance unit.

(225 ILCS 105/2) (from Ch. 111, par. 5002)

(Section scheduled to be repealed on January 1, 2022)

Sec. 2. State of Illinois Athletic Board.

(a) The Secretary shall appoint members to the State of

Illinois Athletic Board. The Board shall consist of 7 members

who shall serve in an advisory capacity to the Secretary.

There is created the State of Illinois Athletic Board

consisting of 6 persons who shall be appointed by and shall

serve in an advisory capacity to the Secretary, and the State

Professional Boxing Board shall be disbanded. One member of

the Board shall be a physician licensed to practice medicine

in all of its branches. One member of the Board shall be a

member of the full-contact martial arts community. One and one

member of the Board shall be a member of either the

full-contact martial arts community or the boxing community.

The Secretary shall appoint each member to serve for a term of

3 years and until his or her successor is appointed and

qualified. One member of the board shall be designated as the

Chairperson and one member shall be designated as the

Vice-chairperson. No member shall be appointed to the Board

for a term which would cause continuous service to be more than

9 years. Each member of the board shall receive compensation

for each day he or she is engaged in transacting the business

of the board and, in addition, shall be reimbursed for his or

her authorized and approved expenses necessarily incurred in

relation to such service in accordance with the travel

regulations applicable to the Department at the time the

expenses are incurred.

(b) Board members shall serve 5-year terms and until their

successors are appointed and qualified.

(c) In appointing members to the Board, the Secretary

shall give due consideration to recommendations by members and

organizations of the martial arts and boxing industry.

(d) The membership of the Board should reasonably reflect

representation from the geographic areas in this State.

(e) No member shall be appointed to the Board for a term

that would cause his or her continuous service on the Board to

be longer than 2 consecutive 5-year terms.

(f) The Secretary may terminate the appointment of any

member for cause that in the opinion of the Secretary

reasonably justified such termination, which may include, but

is not limited to, a Board member who does not attend 2

consecutive meetings.

(g) Appointments to fill vacancies shall be made in the

same manner as original appointments, for the unexpired

portion of the vacated term.

(h) Four members of the Board shall constitute a quorum. A

quorum is required for Board decisions.

(i) Members of the Board shall have no liability in any

action based upon activity performed in good faith as members

of the Board.

(j) Members of the Board may be reimbursed for all

legitimate, necessary, and authorized expenses.

Four members shall constitute a quorum.

The members of the Board shall be immune from suit in any

action based upon any disciplinary proceedings or other acts

performed in good faith as members of the Board.

The Secretary may remove any member of the Board for

misconduct, incapacity, or neglect of duty. The Secretary

shall reduce to writing any causes for removal.

(Source: P.A. 97-119, eff. 7-14-11.)

(225 ILCS 105/2.5 new)

Sec. 2.5. Powers and duties of the Board.

(a) Subject to the provisions of this Act, the Board shall

exercise the following functions, powers, and duties:

(1) The Board shall hold at least one meeting each

year.

(2) The Board shall elect a chairperson and a vice

chairperson.

(b) The Department may, at any time, seek the expert

advice and knowledge of the Board on any matter relating to the

enforcement of this Act.

(225 ILCS 105/5) (from Ch. 111, par. 5005)

(Section scheduled to be repealed on January 1, 2022)

Sec. 5. Powers and duties of the Department. The

Department shall, subject to the provisions of this Act,

exercise the following functions, powers, and duties:

(1) Ascertain the qualifications and fitness of

applicants for license and permits.

(2) Adopt rules required for the administration of

this Act.

(3) Conduct hearings on proceedings to refuse to

issue, renew, or restore licenses and revoke, suspend,

place on probation, or reprimand those licensed under the

provisions of this Act.

(4) Issue licenses to those who meet the

qualifications of this Act and its rules.

(5) Conduct investigations related to possible

violations of this Act.

The Department shall exercise, but subject to the provisions

of this Act, the following functions, powers, and duties: (a)

to ascertain the qualifications and fitness of applicants for

licenses and permits; (b) to prescribe rules and regulations

for the administration of the Act; (c) to conduct hearings on

proceedings to refuse to issue, refuse to renew, revoke,

suspend, or subject to reprimand licenses or permits under

this Act; and (d) to revoke, suspend, or refuse issuance or

renewal of such licenses or permits.

(Source: P.A. 92-499, eff. 1-1-02.)

(225 ILCS 105/6) (from Ch. 111, par. 5006)

(Section scheduled to be repealed on January 1, 2022)

Sec. 6. Restricted contests and events.

(a) All professional and amateur contests, or a

combination of both, in which physical contact is made are

prohibited in Illinois unless authorized by the Department

pursuant to the requirements and standards stated in this Act

and the rules adopted pursuant to this Act. This subsection

(a) does not apply to any of the following:

(1) Amateur boxing or full-contact martial arts

contests conducted by accredited secondary schools,

colleges, or universities, although a fee may be charged.

(2) Amateur boxing contests that are sanctioned by USA

Boxing or any other sanctioning organization approved by

the Department as determined by rule Association of Boxing

Commissions.

(3) Amateur boxing or full-contact martial arts

contests conducted by a State, county, or municipal

entity, including those events held by any agency

organized under these entities.

(4) Amateur martial arts contests that are not defined

as full-contact martial arts contests under this Act,

including, but not limited to, Karate, Kung Fu, Judo,

Jujutsu, Tae Kwon Do, and Kyuki-Do.

(5) Full-contact martial arts contests, as defined by

this Act, that are recognized by the International Olympic

Committee or are contested in the Olympic Games and are

not conducted in an enclosed fighting area or ring.

No other amateur boxing or full-contact martial arts

contests shall be permitted unless authorized by the

Department.

(b) The Department shall have the authority to determine

whether a professional or amateur contest is exempt for

purposes of this Section.

(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11;

97-1123, eff. 8-27-12.)

(225 ILCS 105/7) (from Ch. 111, par. 5007)

(Section scheduled to be repealed on January 1, 2022)

Sec. 7. Authorization to conduct contests; sanctioning

bodies.

(a) In order to conduct a professional contest or,

beginning 6 months after the adoption of rules pertaining to

an amateur contest, an amateur contest, or a combination of

both, in this State, a promoter shall obtain a permit issued by

the Department in accordance with this Act and the rules and

regulations adopted pursuant thereto. This permit shall

authorize one or more professional or amateur contests, or a

combination of both.

(b) Before January 1, 2023, amateur Amateur full-contact

martial arts contests must be registered and sanctioned by a

sanctioning body approved by the Department for that purpose

under the requirements and standards stated in this Act and

the rules adopted under this Act.

(c) On and after January 1, 2023, a promoter for an amateur

full-contact martial arts contest shall obtain a permit issued

by the Department under the requirements and standards set

forth in this Act and the rules adopted under this Act.

(d) On and after January 1, 2023, the Department shall not

approve any sanctioning body. A sanctioning body's approval by

the Department that was received before January 1, 2023 is

withdrawn on January 1, 2023.

(e) A permit issued under this Act is not transferable.

(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)

(225 ILCS 105/8) (from Ch. 111, par. 5008)

(Section scheduled to be repealed on January 1, 2022)

Sec. 8. Permits.

(a) A promoter who desires to obtain a permit to conduct a

professional or amateur contest, or a combination of both,

shall apply to the Department at least 30 calendar 20 days

prior to the event, in writing or electronically, on forms

prescribed furnished by the Department. The application shall

be accompanied by the required fee and shall contain, but not

be limited to, the following information to be submitted at

times specified by rule:

(1) the legal names and addresses of the promoter;

(2) the name of the matchmaker;

(3) the time and exact location of the professional or

amateur contest, or a combination of both. It is the

responsibility of the promoter to ensure that the building

to be used for the event complies with all laws,

ordinances, and regulations in the city, town, village, or

county where the contest is to be held;

(4) the signed and executed copy of the event venue

lease agreement; and proof of adequate security measures,

as determined by Department rule, to ensure the protection

of the safety of contestants and the general public while

attending professional or amateur contests, or a

combination of both;

(5) proof of adequate medical supervision, as

determined by Department rule, to ensure the protection of

the health and safety of professionals' or amateurs' while

participating in the contest;

(5) (6) the initial list of names of the professionals

or amateurs competing subject to Department approval. ;

(7) proof of insurance for not less than $50,000 as

further defined by rule for each professional or amateur

participating in a professional or amateur contest, or a

combination of both; insurance required under this

paragraph (7) shall cover (i) hospital, medication,

physician, and other such expenses as would accrue in the

treatment of an injury as a result of the professional or

amateur contest; (ii) payment to the estate of the

professional or amateur in the event of his or her death as

a result of his or her participation in the professional

or amateur contest; and (iii) accidental death and

dismemberment; the terms of the insurance coverage must

not require the contestant to pay a deductible. The

promoter may not carry an insurance policy with a

deductible in an amount greater than $500 for the medical,

surgical, or hospital care for injuries a contestant

sustains while engaged in a contest, and if a licensed or

registered contestant pays for the medical, surgical, or

hospital care, the insurance proceeds must be paid to the

contestant or his or her beneficiaries as reimbursement

for such payment;

(8) the amount of the purses to be paid to the

professionals for the event; the Department shall adopt

rules for payment of the purses;

(9) organizational or internationally accepted rules,

per discipline, for professional or amateur full-contact

martial arts contests where the Department does not

provide the rules;

(10) proof of contract indicating the requisite

registration and sanctioning by a Department approved

sanctioning body for any full-contact martial arts contest

with scheduled amateur bouts; and

(11) any other information that the Department may

require to determine whether a permit shall be issued.

(b) The Department may issue a permit to any promoter who

meets the requirements of this Act and the rules. The permit

shall only be issued for a specific date and location of a

professional or amateur contest, or a combination of both, and

shall not be transferable. The Department may allow a promoter

to amend a permit application to hold a professional or

amateur contest, or a combination of both, in a different

location other than the application specifies if all

requirements of this Section are met, waiving the 30-day

provision of subsection (a) and may allow the promoter to

substitute professionals or amateurs, respectively.

(c) The Department shall be responsible for assigning the

judges, timekeepers, referees, and physicians, for a

professional contest, an amateur contest, or a combination of

both. Compensation shall be determined by the Department, and

it shall be the responsibility of the promoter to pay the

individuals utilized.

(d) The promoter shall submit the following documents to

the Department at times specified by rule:

(1) proof of adequate security measures, as determined

by rule, to ensure the protection of the safety of

contestants and the general public while attending

professional contests, amateur contests, or a combination

of both;

(2) proof of adequate medical supervision, as

determined by rule, to ensure the protection of the health

and safety of professionals or amateurs while

participating in contests;

(3) the complete and final list of names of the

professionals or amateurs competing, subject to Department

approval, which shall be submitted up to 48 hours prior to

the event date specified in the permit;

(4) proof of insurance for not less than $50,000 as

further defined by rule for each professional or amateur

participating in a professional or amateur contest, or a

combination of both; insurance required under this

paragraph shall cover: (i) hospital, medication,

physician, and other such expenses as would accrue in the

treatment of an injury as a result of the professional or

amateur contest; (ii) payment to the estate of the

professional or amateur in the event of his or her death as

a result of his or her participation in the professional

or amateur contest; and (iii) accidental death and

dismemberment; the terms of the insurance coverage shall

require the promoter, not the licensed contestant, to pay

the policy deductible for the medical, surgical, or

hospital care of a contestant for injuries a contestant

sustained while engaged in a contest; if a licensed

contestant pays for the medical, surgical, or hospital

care, the insurance proceeds shall be paid to the

contestant or his or her beneficiaries as reimbursement

for such payment;

(5) the amount of the purses to be paid to the

professionals for the event as determined by rule;

(6) organizational or internationally accepted rules,

per discipline, for professional or amateur full-contact

martial arts contests if the Department does not provide

the rules for Department approval; and

(7) any other information the Department may require,

as determined by rule, to issue a permit.

(e) If the accuracy, relevance, or sufficiency of any

submitted documentation is questioned by the Department

because of lack of information, discrepancies, or conflicts in

information given or a need for clarification, the promoter

seeking a permit may be required to provide additional

information.

(Source: P.A. 97-119, eff. 7-14-11; 98-756, eff. 7-16-14.)

(225 ILCS 105/10) (from Ch. 111, par. 5010)

(Section scheduled to be repealed on January 1, 2022)

Sec. 10. Who must be licensed.

(a) In order to participate in professional contests the

following persons must each be licensed and in good standing

with the Department: (a) professionals and amateurs, (b)

seconds, (c) referees, (d) judges, (e) managers, (f)

matchmakers, and (g) timekeepers.

(b) In order to participate in professional or amateur

contests or a combination of both, promoters must be licensed

and in good standing with the Department.

(c) Announcers may participate in professional or amateur

contests, or a combination of both, without being licensed

under this Act. It shall be the responsibility of the promoter

to ensure that announcers comply with the Act, and all rules

and regulations promulgated pursuant to this Act.

(d) A licensed promoter may not act as, and cannot be

licensed as, a second, professional, referee, timekeeper,

judge, or manager. If he or she is so licensed, he or she must

relinquish any of these licenses to the Department for

cancellation. A person possessing a valid promoter's license

may act as a matchmaker.

(e) Participants in amateur full-contact martial arts

contests taking place before January 1, 2023 are not required

to obtain licenses by the Department, except for promoters of

amateur contests.

(Source: P.A. 97-119, eff. 7-14-11.)

(225 ILCS 105/11) (from Ch. 111, par. 5011)

(Section scheduled to be repealed on January 1, 2022)

Sec. 11. Qualifications for license. The Department shall

grant licenses to the following persons if the following

qualifications are met:

(1) An applicant for licensure as a professional or

amateur must: (1) be 18 years old, (2) be of good moral

character, (3) file an application stating the applicant's

legal name (and no assumed or ring name may be used unless

such name is registered with the Department along with the

applicant's legal name), date and place of birth, place of

current residence, and a sworn statement that he or she is

not currently in violation of any federal, State or local

laws or rules governing boxing or full-contact martial

arts, (4) file a certificate from a physician licensed to

practice medicine in all of its branches which attests

that the applicant is physically fit and qualified to

participate in professional or amateur contests, and (5)

pay the required fee and meet any other requirements as

determined by rule. Applicants over age 35 who have not

competed in a professional or amateur contest within the

12 last 36 months preceding their application for

licensure or have insufficient experience to participate

in a professional or amateur contest may be required to

appear before the Department to determine their fitness to

participate in a professional or amateur contest. A

picture identification card shall be issued to all

professionals licensed by the Department who are residents

of Illinois or who are residents of any jurisdiction,

state, or country that does not regulate professional

boxing or full-contact martial arts. The identification

card shall be presented to the Department or its

representative upon request at weigh-ins.

(2) An applicant for licensure as a referee, judge,

manager, second, matchmaker, or timekeeper must: (1) be of

good moral character, (2) file an application stating the

applicant's name, date and place of birth, and place of

current residence along with a certifying statement that

he or she is not currently in violation of any federal,

State, or local laws or rules governing boxing, or

full-contact martial arts, (3) have had satisfactory

experience in his or her field as defined by rule, (4) pay

the required fee, and (5) meet any other requirements as

determined by rule.

(3) An applicant for licensure as a promoter must: (1)

be of good moral character, (2) file an application with

the Department stating the applicant's name, date and

place of birth, place of current residence along with a

certifying statement that he or she is not currently in

violation of any federal, State, or local laws or rules

governing boxing or full-contact martial arts, (3) pay the

required fee and meet any other requirements as

established by rule, and (4) in addition to the foregoing,

an applicant for licensure as a promoter of professional

or amateur contests or a combination of both professional

and amateur bouts in one contest shall also provide (i)

proof of a surety bond of no less than $5,000 to cover

financial obligations under this Act, payable to the

Department and conditioned for the payment of the tax

imposed by this Act and compliance with this Act, and the

rules adopted under this Act, and (ii) a financial

statement, prepared by a certified public accountant,

showing liquid working capital of $10,000 or more, or a

$10,000 performance bond guaranteeing payment of all

obligations relating to the promotional activities payable

to the Department and conditioned for the payment of the

tax imposed by this Act and its rules.

(4) All applicants shall submit an application to the

Department, in writing or electronically, on forms

prescribed provided by the Department, containing such

information as determined by rule.

In determining good moral character, the Department may

take into consideration any violation of any of the provisions

of Section 16 of this Act as to referees, judges, managers,

matchmakers, timekeepers, or promoters and any felony

conviction of the applicant, but such a conviction shall not

operate as a bar to licensure. No license issued under this Act

is transferable.

The Department may issue temporary licenses as provided by

rule.

(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)

(225 ILCS 105/12) (from Ch. 111, par. 5012)

(Section scheduled to be repealed on January 1, 2022)

Sec. 12. Professional or amateur contests.

(a) The professional or amateur contest, or a combination

of both, shall be held in an area where adequate neurosurgical

facilities are immediately available for skilled emergency

treatment of an injured professional or amateur.

(b) Each professional or amateur shall be examined before

the contest and promptly after each bout by a physician. The

physician shall determine, prior to the contest, if each

professional or amateur is physically fit to compete in the

contest. After the bout the physician shall examine the

professional or amateur to determine possible injury. If the

professional's or amateur's physical condition so indicates,

the physician shall recommend to the Department immediate

medical suspension. The physician or a licensed paramedic must

check the vital signs of all contestants as established by

rule.

(c) The physician may, at any time during the professional

or amateur bout, stop the professional or amateur bout to

examine a professional or amateur contestant and may direct

the referee to terminate the bout when, in the physician's

opinion, continuing the bout could result in serious injury to

the professional or amateur. If the professional's or

amateur's physical condition so indicates, the physician shall

recommend to the Department immediate medical suspension. The

physician shall certify to the condition of the professional

or amateur in writing, over his or her signature on forms

prescribed provided by the Department. Such reports shall be

submitted to the Department in a timely manner.

(d) No professional or amateur contest, or a combination

of both, shall be allowed to begin or be held unless at least

one physician, at least one EMT and one paramedic, and one

ambulance have been contracted with solely for the care of

professionals or amateurs who are competing as defined by

rule.

(e) No professional boxing bout shall be more than 12

rounds in length. The rounds shall not be more than 3 minutes

each with a minimum one-minute one minute interval between

them, and no professional boxer shall be allowed to

participate in more than one contest within a 7-day period.

The number and length of rounds for all other professional

or amateur boxing or full-contact martial arts contests, or a

combination of both, shall be determined by rule.

(f) The number and types of officials required for each

professional or amateur contest, or a combination of both,

shall be determined by rule.

(g) The Department or its representative shall have

discretion to declare a price, remuneration, or purse or any

part of it belonging to the professional withheld if in the

judgment of the Department or its representative the

professional is not honestly competing.

(h) The Department shall have the authority to prevent a

professional or amateur contest, or a combination of both,

from being held and shall have the authority to stop a

professional or amateur contest, or a combination of both, for

noncompliance with any part of this Act or rules or when, in

the judgment of the Department, or its representative,

continuation of the event would endanger the health, safety,

and welfare of the professionals or amateurs or spectators.

The Department's authority to stop a contest on the basis that

the professional or amateur contest, or a combination of both,

would endanger the health, safety, and welfare of the

professionals or amateurs or spectators shall extend to any

professional or amateur contest, or a combination of both,

regardless of whether that amateur contest is exempted from

the prohibition in Section 6 of this Act. Department staff, or

its representative, may be present at any full-contact martial

arts contest with scheduled amateur bouts.

(i) A professional shall only compete against another

professional. An amateur shall only compete against another

amateur.

(Source: P.A. 97-119, eff. 7-14-11; 98-973, eff. 8-15-14.)

(225 ILCS 105/13) (from Ch. 111, par. 5013)

(Section scheduled to be repealed on January 1, 2022)

Sec. 13. Tickets; tax. Tickets to professional or amateur

contests, or a combination of both, shall be printed in such

form as the Department shall prescribe. A certified inventory

of all tickets printed for any professional or amateur

contest, or a combination of both, shall be mailed to the

Department by the promoter not less than 7 days before the

contest. The total number of tickets sold printed shall not

exceed the total seating capacity of the premises in which the

professional or amateur contest, or a combination of both, is

to be held. No tickets of admission to any professional or

amateur contest, or a combination of both, shall be sold

except those declared on an official ticket inventory as

described in this Section.

A promoter who conducts a professional contest, an amateur

contest, or a combination of both a professional and amateur

contest under this Act shall, within 7 business days 24 hours

after such a contest:

(1) furnish to the Department a written or electronic

report verified by the promoter or his or her authorized

designee showing the number of tickets sold for such a

contest or the actual ticket stubs of tickets sold and the

amount of the gross proceeds thereof; and

(2) pay to the Department a tax of 5% of gross receipts

from the sale of admission tickets, not to exceed $75,000

$52,500, to be collected by the Department and placed in

the General Professions Dedicated Athletics Supervision

and Regulation Fund, a special fund created in the State

Treasury to be administered by the Department.

Moneys in the General Professions Dedicated Athletics

Supervision and Regulation Fund shall be used by the

Department, subject to appropriation, for expenses incurred in

administering this Act. Moneys in the Fund may be transferred

to the Professions Indirect Cost Fund, as authorized under

Section 2105-300 of the Department of Professional Regulation

Law.

In addition to the payment of any other taxes and money due

under this Section, every promoter of a professional or a

combination of a professional and amateur contest shall pay to

the Department 3% of the first $500,000 and 4% thereafter,

which shall not exceed $50,000 $35,000 in total from the total

gross receipts from the sale, lease, or other exploitation of

broadcasting, including, but not limited to, Internet, cable,

television, and motion picture rights for that professional

contest, amateur contest, or professional and amateur

combination of both, contest or exhibition without any

deductions for commissions, brokerage fees, distribution fees,

advertising, professional contestants' purses, or any other

expenses or charges. These fees shall be paid to the

Department within 7 business days 72 hours after the

conclusion of the broadcast of the contest and placed in the

General Professions Dedicated Athletics Supervision and

Regulation Fund.

(Source: P.A. 97-119, eff. 7-14-11; 97-813, eff. 7-13-12.)

(225 ILCS 105/15) (from Ch. 111, par. 5015)

(Section scheduled to be repealed on January 1, 2022)

Sec. 15. Inspectors. The Secretary may appoint inspectors

to assist the Department staff in the administration of the

Act. Each inspector appointed by the Secretary shall receive

compensation for each day he or she is engaged in the

transacting of business of the Department. Each inspector

shall carry a card issued by the Department to authorize him or

her to act in such capacity. The inspector or inspectors shall

supervise each professional contest, amateur contest, or

combination of both and, at the Department's discretion, may

supervise any contest to ensure that the provisions of the Act

are strictly enforced.

(Source: P.A. 97-119, eff. 7-14-11.)

(225 ILCS 105/16) (from Ch. 111, par. 5016)

(Section scheduled to be repealed on January 1, 2022)

Sec. 16. Discipline and sanctions.

(a) The Department may refuse to issue a permit or ,

license, or registration, refuse to renew, suspend, revoke,

reprimand, place on probation, or take such other disciplinary

or non-disciplinary action as the Department may deem proper,

including the imposition of fines not to exceed $10,000 for

each violation, with regard to any permit or , license, or

registration for one or any combination of the following

reasons:

(1) gambling, betting, or wagering on the result of or

a contingency connected with a professional or amateur

contest, or a combination of both, or permitting such

activity to take place;

(2) participating in or permitting a sham or fake

professional or amateur contest, or a combination of both;

(3) holding the professional or amateur contest, or a

combination of both, at any other time or place than is

stated on the permit application;

(4) permitting any professional or amateur other than

those stated on the permit application to participate in a

professional or amateur contest, or a combination of both,

except as provided in Section 9;

(5) violation or aiding in the violation of any of the

provisions of this Act or any rules or regulations

promulgated thereto;

(6) violation of any federal, State or local laws of

the United States or other jurisdiction governing

professional or amateur contests or any regulation

promulgated pursuant thereto;

(7) charging a greater rate or rates of admission than

is specified on the permit application;

(8) failure to obtain all the necessary permits,

registrations, or licenses as required under this Act;

(9) failure to file the necessary bond or to pay the

gross receipts or broadcast tax as required by this Act;

(10) engaging in dishonorable, unethical or

unprofessional conduct of a character likely to deceive,

defraud or harm the public, or which is detrimental to

honestly conducted contests;

(11) employment of fraud, deception or any unlawful

means in applying for or securing a permit or license

under this Act;

(12) permitting a physician making the physical

examination to knowingly certify falsely to the physical

condition of a professional or amateur;

(13) permitting professionals or amateurs of widely

disparate weights or abilities to engage in professional

or amateur contests, respectively;

(14) participating in a professional contest as a

professional while under medical suspension in this State

or in any other state, territory or country;

(15) physical illness, including, but not limited to,

deterioration through the aging process, or loss of motor

skills which results in the inability to participate in

contests with reasonable judgment, skill, or safety;

(16) allowing one's license or permit issued under

this Act to be used by another person;

(17) failing, within a reasonable time, to provide any

information requested by the Department as a result of a

formal or informal complaint;

(18) professional incompetence;

(19) failure to file a return, or to pay the tax,

penalty or interest shown in a filed return, or to pay any

final assessment of tax, penalty or interest, as required

by any tax Act administered by the Illinois Department of

Revenue, until such time as the requirements of any such

tax Act are satisfied;

(20) (blank);

(21) habitual or excessive use or addiction to

alcohol, narcotics, stimulants, or any other chemical

agent or drug that results in an inability to participate

in an event;

(22) failure to stop a professional or amateur

contest, or a combination of both, when requested to do so

by the Department;

(23) failure of a promoter to adequately supervise and

enforce this Act and its rules as applicable to amateur

contests, as set forth in rule; or

(24) a finding by the Department that the licensee,

after having his or her license placed on probationary

status, has violated the terms of probation.

(b) The determination by a circuit court that a licensee

is subject to involuntary admission or judicial admission as

provided in the Mental Health and Developmental Disabilities

Code operates as an automatic suspension. The suspension will

end only upon a finding by a court that the licensee is no

longer subject to involuntary admission or judicial admission,

issuance of an order so finding and discharging the licensee.

(c) In enforcing this Section, the Department, upon a

showing of a possible violation, may compel any individual

licensed to practice under this Act, or who has applied for

licensure pursuant to this Act, to submit to a mental or

physical examination, or both, as required by and at the

expense of the Department. The examining physicians or

clinical psychologists shall be those specifically designated

by the Department. The Department may order the examining

physician or clinical psychologist to present testimony

concerning this mental or physical examination of the licensee

or applicant. No information shall be excluded by reason of

any common law or statutory privilege relating to

communications between the licensee or applicant and the

examining physician or clinical psychologist. Eye examinations

may be provided by a physician licensed to practice medicine

in all of its branches or a licensed and certified therapeutic

optometrist. The individual to be examined may have, at his or

her own expense, another physician of his or her choice

present during all aspects of the examination. Failure of any

individual to submit to a mental or physical examination, when

directed, shall be grounds for suspension or revocation of a

license.

(d) A contestant who tests positive for a banned

substance, as defined by rule, shall have his or her license

immediately suspended. The license shall be subject to other

discipline as authorized in this Section.

(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)

(225 ILCS 105/17) (from Ch. 111, par. 5017)

(Section scheduled to be repealed on January 1, 2022)

Sec. 17. Administrative Procedure Act. The Illinois

Administrative Procedure Act is hereby expressly adopted and

incorporated herein as if all of the provisions of that Act

were included in this Act. The Department shall not be

required to annually verify email addresses as specified in

paragraph (2) subsection (a) of Section 10-75 of the Illinois

Administrative Procedure Act. For the purposes of this Act the

notice required under Section 10-25 of the Illinois

Administrative Procedure Act is deemed sufficient when mailed

to the last known address of record or emailed to the email

address of record a party.

(Source: P.A. 88-45.)

(225 ILCS 105/17.7)

(Section scheduled to be repealed on January 1, 2022)

Sec. 17.7. Restoration of license from discipline.

(a) At any time after the successful completion of a term

of indefinite probation, suspension, or revocation of a

license under this Act, the Department may restore the license

to the licensee unless, after an investigation and a hearing,

the Secretary determines that restoration is not in the public

interest.

(b) If circumstances of suspension or revocation so

indicate, the Department may require an examination of the

licensee prior to restoring his or her license.

(c) No person whose license has been revoked as authorized

in this Act may apply for restoration of that license until

allowed under the Civil Administrative Code of Illinois.

(d) A license that has been suspended or revoked shall be

considered nonrenewed for purposes of restoration under this

Section and a licensee restoring his or her license from

suspension or revocation must comply with the requirements for

renewal as set forth in this Act and its rules.

At any time after the successful completion of a term of

indefinite probation, suspension, or revocation of a license,

the Department may restore the license to the licensee, unless

after an investigation and hearing the Secretary determines

that restoration is not in the public interest. No person or

entity whose license, certificate, or authority has been

revoked as authorized in this Act may apply for restoration of

that license, certification, or authority until such time as

provided for in the Civil Administrative Code of Illinois.

(Source: P.A. 97-119, eff. 7-14-11.)

(225 ILCS 105/17.8)

(Section scheduled to be repealed on January 1, 2022)

Sec. 17.8. Surrender of license. Upon the revocation or

suspension of a license or registration, the licensee shall

immediately surrender his or her license to the Department. If

the licensee fails to do so, the Department has the right to

seize the license.

(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)

(225 ILCS 105/17.9)

(Section scheduled to be repealed on January 1, 2022)

Sec. 17.9. Summary suspension of a license or

registration. The Secretary may summarily suspend a license or

registration without a hearing if the Secretary finds that

evidence in the Secretary's possession indicates that the

continuation of practice would constitute an imminent danger

to the public, participants, including any professional

contest officials, or the individual involved or cause harm to

the profession. If the Secretary summarily suspends the

license without a hearing, a hearing must be commenced within

30 days after the suspension has occurred and concluded as

expeditiously as practical.

(Source: P.A. 97-119, eff. 7-14-11.)

(225 ILCS 105/18) (from Ch. 111, par. 5018)

(Section scheduled to be repealed on January 1, 2022)

Sec. 18. Investigations; notice and hearing.

(a) The Department may investigate the actions of any

applicant or of any person or entity holding or claiming to

hold a license under this Act.

(b) The Department shall, before disciplining an applicant

or licensee, at least 30 days prior to the date set for the

hearing: (i) notify, in writing, the accused of the charges

made and the time and place for the hearing on the charges;

(ii) direct him or her to file a written answer to the charges,

under oath, within 20 days after service of the notice; and

(iii) inform the applicant or licensee that failure to file an

answer will result in a default being entered against the

applicant or licensee.

(c) Written or electronic notice, and any notice in the

subsequent proceedings, may be served by personal delivery, by

email, or by mail to the applicant or licensee at his or her

address of record or email address of record.

(d) At the time and place fixed in the notice, the hearing

officer appointed by the Secretary shall proceed to hear the

charges, and the parties or their counsel shall be accorded

ample opportunity to present any statement, testimony,

evidence, and argument as may be pertinent to the charges or to

their defense. The hearing officer may continue the hearing

from time to time.

(e) If the licensee or applicant, after receiving the

notice, fails to file an answer, his or her license may, in the

discretion of the Secretary, be suspended, revoked, or placed

on probationary status or be subject to whatever disciplinary

action the Secretary considers proper, including limiting the

scope, nature, or extent of the person's practice or

imposition of a fine, without hearing, if the act or acts

charged constitute sufficient grounds for the action under

this Act.

The Department may investigate the actions of any applicant or

of any person or persons promoting or participating in a

professional or amateur contest or any person holding or

claiming to hold a license. The Department shall, before

revoking, suspending, placing on probation, reprimanding, or

taking any other disciplinary action under this Act, at least

30 days before the date set for the hearing, (i) notify the

accused in writing of the charges made and the time and place

for the hearing on the charges, (ii) direct him or her to file

a written answer to the charges with the Department under oath

within 20 days after the service on him or her of the notice,

and (iii) inform the accused that, if he or she fails to

answer, default will be taken against him or her or that his or

her license may be suspended, revoked, or placed on

probationary status or that other disciplinary action may be

taken with regard to the license, including limiting the

scope, nature, or extent of his or her practice, as the

Department may consider proper. At the time and place fixed in

the notice, the hearing officer shall proceed to hear the

charges, and the parties or their counsel shall be accorded

ample opportunity to present any pertinent statements,

testimony, evidence, and arguments. The hearing officer may

continue the hearing from time to time. In case the person,

after receiving the notice, fails to file an answer, his or her

license may, in the discretion of the Department, be

suspended, revoked, or placed on probationary status or the

Department may take whatever disciplinary action considered

proper, including limiting the scope, nature, or extent of the

person's practice or the imposition of a fine, without a

hearing, if the act or acts charged constitute sufficient

grounds for that action under this Act. The written notice may

be served by personal delivery or by certified mail to the

person's address of record.

(Source: P.A. 97-119, eff. 7-14-11.)

(225 ILCS 105/19) (from Ch. 111, par. 5019)

(Section scheduled to be repealed on January 1, 2022)

Sec. 19. Hearing; Motion for rehearing Findings and

recommendations.

(a) The hearing officer appointed by the Secretary shall

hear evidence in support of the formal charges and evidence

produced by the applicant or licensee. At the conclusion of

the hearing, the hearing officer shall present to the

Secretary a written report of his or her findings of fact,

conclusions of law, and recommendations.

(b) A copy of the hearing officer's report shall be served

upon the applicant or licensee, either personally or as

provided in this Act for the service of the notice of hearing.

Within 20 calendar days after such service, the applicant or

licensee may present to the Department a motion, in writing,

for a rehearing that shall specify the particular grounds for

rehearing. The Department may respond to the motion for

rehearing within 20 calendar days after its service on the

Department. If no motion for rehearing is filed, then upon the

expiration of the time specified for filing such a motion, or

upon denial of a motion for rehearing, the Secretary may enter

an order in accordance with the recommendations of the hearing

officer. If the applicant or licensee orders from the

reporting service and pays for a transcript of the record

within the time for filing a motion for rehearing, the 20

calendar day period within which a motion may be filed shall

commence upon delivery of the transcript to the applicant or

licensee.

(c) If the Secretary disagrees in any regard with the

report of the hearing officer, the Secretary may issue an

order contrary to the report.

(d) Whenever the Secretary is not satisfied that

substantial justice has been done, the Secretary may order a

hearing by the same or another hearing officer.

(e) At any point in any investigation or disciplinary

proceeding provided for in this Act, both parties may agree to

a negotiated consent order. The consent order shall be final

upon signature of the Secretary.

At the conclusion of the hearing, the hearing officer shall

present to the Secretary a written report of its findings,

conclusions of law, and recommendations. The report shall

contain a finding of whether the accused person violated this

Act or its rules or failed to comply with the conditions

required in this Act or its rules. The hearing officer shall

specify the nature of any violations or failure to comply and

shall make its recommendations to the Secretary. In making

recommendations for any disciplinary actions, the hearing

officer may take into consideration all facts and

circumstances bearing upon the reasonableness of the conduct

of the accused and the potential for future harm to the public

including, but not limited to, previous discipline of the

accused by the Department, intent, degree of harm to the

public and likelihood of harm in the future, any restitution

made by the accused, and whether the incident or incidents

contained in the complaint appear to be isolated or represent

a continuing pattern of conduct. In making its recommendations

for discipline, the hearing officer shall endeavor to ensure

that the severity of the discipline recommended is reasonably

related to the severity of the violation.

The report of findings of fact, conclusions of law, and

recommendation of the hearing officer shall be the basis for

the Department's order refusing to issue, restore, or renew a

license, or otherwise disciplining a licensee. If the

Secretary disagrees with the recommendations of the hearing

officer, the Secretary may issue an order in contravention of

the hearing officer's recommendations. The finding is not

admissible in evidence against the person in a criminal

prosecution brought for a violation of this Act, but the

hearing and finding are not a bar to a criminal prosecution

brought for a violation of this Act.

(Source: P.A. 97-119, eff. 7-14-11.)

(225 ILCS 105/19.1) (from Ch. 111, par. 5019.1)

(Section scheduled to be repealed on January 1, 2022)

Sec. 19.1. Hearing officer Appointment of a hearing

officer. Notwithstanding any provision of this Act, the

Secretary has the authority to appoint an attorney duly

licensed to practice law in the State of Illinois to serve as

the hearing officer in any action for refusal to issue or renew

a license or discipline a license. The hearing officer shall

have full authority to conduct the hearing. The hearing

officer shall report his or her findings of fact, conclusions

of law, and recommendations to the Secretary The Secretary has

the authority to appoint any attorney duly licensed to

practice law in the State of Illinois to serve as the hearing

officer in any action for refusal to issue, restore, or renew a

license or discipline of a licensee. The hearing officer has

full authority to conduct the hearing. The hearing officer

shall report his or her findings of fact, conclusions of law,

and recommendations to the Secretary. If the Secretary

determines that the hearing officer's report is contrary to

the manifest weight of the evidence, he may issue an order in

contravention of the recommendation.

(Source: P.A. 97-119, eff. 7-14-11.)

(225 ILCS 105/19.5)

(Section scheduled to be repealed on January 1, 2022)

Sec. 19.5. Order or certified copy; prima facie proof. An

order or certified copy thereof, over the seal of the

Department and purporting to be signed by the Secretary, is

prima facie proof that:

(1) the signature is the genuine signature of the

Secretary; and

(2) the Secretary is duly appointed and qualified;

and .

(3) the hearing officer is qualified to act.

(Source: P.A. 97-119, eff. 7-14-11.)

(225 ILCS 105/20) (from Ch. 111, par. 5020)

(Section scheduled to be repealed on January 1, 2022)

Sec. 20. Record of proceeding Stenographer; transcript.

(a) The Department, at its expense, shall provide a

certified shorthand reporter to take down the testimony and

preserve a record of all proceedings at the hearing of any case

in which a licensee may be revoked, suspended, placed on

probationary status, reprimanded, fined, or subjected to other

disciplinary action with reference to the license when a

disciplinary action is authorized under this Act and rules.

The notice of hearing, complaint, and all other documents in

the nature of pleadings and written portions filed in the

proceedings, the transcript of the testimony, the report of

the hearing officer, and the orders of the Department shall be

the record of the proceedings. The record may be made

available to any person interested in the hearing upon payment

of the fee required by Section 2105-115 of the Department of

Professional Regulation Law of the Civil Administrative Code

of Illinois.

(b) The Department may contract for court reporting

services, and, if it does so, the Department shall provide the

name and contact information for the certified shorthand

reporter who transcribed the testimony at a hearing to any

person interested, who may obtain a copy of the transcript of

any proceedings at a hearing upon payment of the fee specified

by the certified shorthand reporter.

The Department, at its expense, shall provide a stenographer

to take down the testimony and preserve a record of all

proceedings at the hearing of any case wherein a license or

permit is subjected to disciplinary action. The notice of

hearing, complaint and all other documents in the nature of

pleadings and written motions filed in the proceedings, the

transcript of testimony, the report of the hearing officer and

the orders of the Department shall be the record of the

proceedings. The Department shall furnish a transcript of the

record to any person interested in the hearing upon payment of

the fee required under Section 2105-115 of the Department of

Professional Regulation Law (20 ILCS 2105/2105-115).

(Source: P.A. 97-119, eff. 7-14-11.)

(225 ILCS 105/21) (from Ch. 111, par. 5021)

(Section scheduled to be repealed on January 1, 2022)

Sec. 21. Injunctive action; cease and desist order.

(a) If a person violates the provisions of this Act, the

Secretary Director, in the name of the People of the State of

Illinois, through the Attorney General or the State's Attorney

of the county in which the violation is alleged to have

occurred, may petition for an order enjoining the violation or

for an order enforcing compliance with this Act. Upon the

filing of a verified petition, the court with appropriate

jurisdiction may issue a temporary restraining order, without

notice or bond, and may preliminarily and permanently enjoin

the violation. If it is established that the person has

violated or is violating the injunction, the court may punish

the offender for contempt of court. Proceedings under this

Section are in addition to, and not in lieu of, all other

remedies and penalties provided by this Act.

(b) Whenever, in the opinion of the Department, a person

violates any provision of this Act, the Department may issue a

rule to show cause why an order to cease and desist should not

be entered against that person. The rule shall clearly set

forth the grounds relied upon by the Department and shall

allow at least 7 days from the date of the rule to file an

answer satisfactory to the Department. Failure to answer to

the satisfaction of the Department shall cause an order to

cease and desist to be issued.

(Source: P.A. 91-408, eff. 1-1-00.)

(225 ILCS 105/22) (from Ch. 111, par. 5022)

(Section scheduled to be repealed on January 1, 2022)

Sec. 22. The expiration date and renewal period for each

license issued under this Act shall be set by rule. The holder

of a license may renew such license during the month preceding

the expiration date thereof by paying the required fee and

meeting additional requirements as determined by rule.

(Source: P.A. 82-522.)

(225 ILCS 105/23) (from Ch. 111, par. 5023)

(Section scheduled to be repealed on January 1, 2022)

Sec. 23. Fees.

(a) The fees for the administration and enforcement of

this Act including, but not limited to, original licensure,

renewal, and restoration shall be set by rule. The fees shall

not be refundable. All Beginning July 1, 2003, all of the fees,

taxes, and fines collected under this Act shall be deposited

into the General Professions Dedicated Fund.

(b) Before January 1, 2023, there shall be no fees for

amateur full-contact martial arts events; except that until

January 1, 2023, the applicant fees for promoters of amateur

events where only amateur bouts are held shall be $300.

(Source: P.A. 92-16, eff. 6-28-01; 92-499, eff. 1-1-02; 93-32,

eff. 7-1-03.)

(225 ILCS 105/23.1) (from Ch. 111, par. 5023.1)

(Section scheduled to be repealed on January 1, 2022)

Sec. 23.1. Returned checks; fines. Any person who delivers

a check or other payment to the Department that is returned to

the Department unpaid by the financial institution upon which

it is drawn shall pay to the Department, in addition to the

amount already owed to the Department, a fine of $50. The fines

imposed by this Section are in addition to any other

discipline provided under this Act for unlicensed practice or

practice on a nonrenewed license. The Department shall notify

the person that payment of fees and fines shall be paid to the

Department by certified check or money order within 30

calendar days of the notification. If, after the expiration of

30 days from the date of the notification, the person has

failed to submit the necessary remittance, the Department

shall automatically terminate the license or deny the

application, without hearing. If, after termination or denial,

the person seeks a license, he or she shall apply to the

Department for restoration or issuance of the license and pay

all fees and fines due to the Department. The Department may

establish a fee for the processing of an application for

restoration of a license to pay all expenses of processing

this application. The Secretary Director may waive the fines

due under this Section in individual cases where the Secretary

Director finds that the fines would be unreasonable or

unnecessarily burdensome.

(Source: P.A. 92-146, eff. 1-1-02; 92-499, eff. 1-1-02.)

(225 ILCS 105/24) (from Ch. 111, par. 5024)

(Section scheduled to be repealed on January 1, 2022)

Sec. 24. Unlicensed practice; violations; civil penalty.

(a) Any person who practices, offers to practice, attempts

to practice, or holds himself or herself out as being able to

engage in practices requiring a license under this Act without

being licensed or exempt under this Act shall, in addition to

any other penalty provided by law, pay a civil penalty to the

Department in an amount not to exceed $10,000 for each

offense, as determined by the Department. The civil penalty

shall be assessed by the Department after a hearing is held in

accordance with the provision set forth in this Act regarding

the provision of a hearing for the discipline of a licensee.

(b) The Department may investigate any actual, alleged, or

suspected unlicensed activity.

(c) The civil penalty shall be paid within 60 days after

the effective date of the order imposing the civil penalty.

The order shall constitute a judgment and may be filed and

executed thereon in the same manner as any judgment from any

court of record.

(d) A person or entity not licensed under this Act who has

violated any provision of this Act or its rules is guilty of a

Class A misdemeanor for the first offense and a Class 4 felony

for a second and subsequent offenses.

A person who violates a provision of this Act is guilty of a

Class A Misdemeanor. On conviction of a second or subsequent

offense the violator shall be guilty of a Class 4 felony.

(Source: P.A. 86-615.)

(225 ILCS 105/24.5)

(Section scheduled to be repealed on January 1, 2022)

Sec. 24.5. Confidentiality. All information collected by

the Department in the course of an examination or

investigation of a licensee, registrant, or applicant,

including, but not limited to, any complaint against a

licensee or registrant filed with the Department and

information collected to investigate any such complaint, shall

be maintained for the confidential use of the Department and

shall not be disclosed. The Department may not disclose such

information to anyone other than law enforcement officials,

other regulatory agencies that have an appropriate regulatory

interest as determined by the Secretary, or a party presenting

a lawful subpoena to the Department. Information and documents

disclosed to a federal, State, county, or local law

enforcement agency shall not be disclosed by the agency for

any purpose to any other agency or person. A formal complaint

filed against a licensee or registrant by the Department or

any order issued by the Department against a licensee,

registrant, or applicant shall be a public record, except as

otherwise prohibited by law.

(Source: P.A. 97-119, eff. 7-14-11.)

(225 ILCS 105/25.1)

(Section scheduled to be repealed on January 1, 2022)

Sec. 25.1. Medical Suspension.

(a) A licensee or registrant who is determined by the

examining physician or Department to be unfit to compete or

officiate shall be prohibited from participating in a contest

in Illinois and, if actively licensed, shall be medically

suspended immediately suspended until it is shown that he or

she is fit for further competition or officiating. If the

licensee or registrant disagrees with a medical suspension set

at the discretion of the ringside physician, he or she may

request a hearing to show proof of fitness. The hearing shall

be provided at the earliest opportunity after the Department

receives a written request from the licensee.

(b) If the referee has stopped the bout or rendered a

decision of technical knockout against a professional or

amateur or if the professional or amateur is knocked out other

than by a blow to the head, the professional or amateur shall

be medically immediately suspended immediately for a period of

not less than 30 days.

(c) In a full-contact martial arts contest, if the

professional or amateur has tapped out, or has submitted, or

the referee has stopped the bout, shall stop the professional

or amateur contest and the ringside physician shall determine

the length of suspension.

(d) If the professional or amateur has been knocked

unconscious out by a blow to the head, he or she shall be

medically suspended immediately for a period of not less than

45 days.

(e) A licensee may receive a medical suspension for any

injury sustained as a result of a bout that shall not be less

than 7 days.

(f) A licensee may receive additional terms and conditions

for a medical suspension beyond a prescribed passage of time

as authorized under this Section.

(g) If a licensee receives a medical suspension that

includes terms and conditions in addition to the prescribed

passage of time as authorized under this Section, before the

removal of the medical suspension, a licensee shall:

(1) satisfactorily pass a medical examination;

(2) provide those examination results to the

Department;

(3) provide any additional requested documentation as

directed by the licensee's examining physician or

Department where applicable; and

(4) if the licensee's examining physician requires any

necessary additional medical procedures during the

examination related to the injury that resulted in the

medical suspension, those results shall be provided to the

Department.

(h) Any medical suspension imposed as authorized under

this Act against a licensee shall be reported to the

Department's record keeper as determined by rule.

(i) A medical suspension as authorized under this Section

shall not be considered a suspension under Section 16 of this

Act. A violation of the terms of a medical suspension

authorized under this Section shall subject a licensee to

discipline under Section 16 of this Act.

(j) A professional or amateur contestant who has been

placed on medical suspension under the laws of another state,

the District of Columbia, or a territory of the United States

for substantially similar reasons as this Section shall be

prohibited from participating in a contest as authorized under

this Act until the requirements of subsection (g) of this

Section have been met or the medical suspension has been

removed by that jurisdiction.

(k) A medical suspension authorized under this Section

shall begin the day after the bout a licensee participated in.

Prior to reinstatement, any professional or amateur

suspended for his or her medical protection shall

satisfactorily pass a medical examination upon the direction

of the Department. The examining physician may require any

necessary medical procedures during the examination.

(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)

(225 ILCS 105/0.10 rep.)

(225 ILCS 105/10.1 rep.)

(225 ILCS 105/10.5 rep.)

(225 ILCS 105/11.5 rep.)

(225 ILCS 105/17.11 rep.)

(225 ILCS 105/17.12 rep.)

(225 ILCS 105/19.4 rep.)

Section 30. The Boxing and Full-contact Martial Arts Act

is amended by repealing Sections 0.10, 10.1, 10.5, 11.5,

17.11, 17.12, and 19.4.

Section 35. The Registered Interior Designers Act is

amended by changing Section 3, 4, 4.5, 6, 7, 11, 14, 20, 23,

29, 30 and by adding Section 3.1 as follows:

(225 ILCS 310/3) (from Ch. 111, par. 8203)

(Section scheduled to be repealed on January 1, 2022)

Sec. 3. Definitions. As used in this Act:

"Address of record" means the designated address recorded

by the Department in the applicant's application file or the

registrant's registration file as maintained by the

Department's licensure maintenance unit.

"Board" means the Board of Registered Interior Design

Professionals established under Section 6 of this Act.

"Department" means the Department of Financial and

Professional Regulation.

"Email address of record" means the designated email

address recorded by the Department in the applicant's

application file or the registrant's registration file as

maintained by the Department's licensure maintenance unit.

"The profession of interior design", within the meaning

and intent of this Act, refers to persons qualified by

education, experience, and examination, who administer

contracts for fabrication, procurement, or installation in the

implementation of designs, drawings, and specifications for

any interior design project and offer or furnish professional

services, such as consultations, studies, drawings, and

specifications in connection with the location of lighting

fixtures, lamps and specifications of ceiling finishes as

shown in reflected ceiling plans, space planning, furnishings,

or the fabrication of non-loadbearing structural elements

within and surrounding interior spaces of buildings but

specifically excluding mechanical and electrical systems,

except for specifications of fixtures and their location

within interior spaces.

"Public member" means a person who is not an interior

designer, educator in the field, architect, structural

engineer, or professional engineer. For purposes of board

membership, any person with a significant financial interest

in the design or construction service or profession is not a

public member.

"Registered interior designer" means a person who has

received registration under Section 8 of this Act. A person

represents himself or herself to be a "registered interior

designer" within the meaning of this Act if he or she holds

himself or herself out to the public by any title

incorporating the words "registered interior designer" or any

title that includes the words "registered interior design".

"Secretary" means the Secretary of Financial and

Professional Regulation.

(Source: P.A. 100-920, eff. 8-17-18.)

(225 ILCS 310/3.1 new)

Sec. 3.1. Address of record; email address of record. All

applicants and registrants shall:

(1) provide a valid address and email address to the

Department, which shall serve as the address of record and

email address of record, respectively, at the time of

application for registration or renewal of a registration;

and

(2) inform the Department of any change of address of

record or email address of record within 14 days after

such change either through the Department's website or by

contacting the Department's licensure maintenance unit.

(225 ILCS 310/4) (from Ch. 111, par. 8204)

(Section scheduled to be repealed on January 1, 2022)

Sec. 4. Title; application of Act.

(a) No individual shall, without a valid registration as

an interior designer issued by the Department, in any manner

hold himself or herself out to the public as a registered

interior designer or attach the title "registered interior

designer" or any other name or designation which would in any

way imply that he or she is able to use the title "registered

interior designer" as defined in this Act.

(a-5) Nothing in this Act shall be construed as preventing

or restricting the services offered or advertised by an

interior designer who is registered under this Act.

(b) Nothing in this Act shall prevent the employment, by a

registered interior designer association, partnership, or a

corporation furnishing interior design services for

remuneration, of persons not registered as interior designers

to perform services in various capacities as needed, provided

that the persons do not represent themselves as, or use the

title of, "registered interior designer".

(c) Nothing in this Act shall be construed to limit the

activities and use of the title "interior designer" on the

part of a person not registered under this Act who is a

graduate of an interior design program and a full-time

employee of a duly chartered institution of higher education

insofar as such person engages in public speaking, with or

without remuneration, provided that such person does not

represent himself or herself to be a registered interior

designer or use the title "registered interior designer".

(d) Nothing contained in this Act shall restrict any

person not registered under this Act from carrying out any of

the activities listed in the definition of "the profession of

interior design" in Section 3 if such person does not

represent himself or herself or his or her services in any

manner prohibited by this Act.

(e) Nothing in this Act shall be construed as preventing

or restricting the practice, services, or activities of any

person licensed in this State under any other law from

engaging in the profession or occupation for which he or she is

licensed.

(f) Nothing in this Act shall be construed as preventing

or restricting the practice, services, or activities of

engineers licensed under the Professional Engineering Practice

Act of 1989 or the Structural Engineering Practice Act of

1989; architects licensed pursuant to the Illinois

Architectural Practice Act of 1989; any interior decorator or

individual offering interior decorating services including,

but not limited to, the selection of surface materials, window

treatments, wall coverings, furniture, accessories, paint,

floor coverings, and lighting fixtures; or builders, home

furnishings salespersons, and similar purveyors of goods and

services relating to homemaking.

(g) Nothing in this Act or any other Act shall prevent a

licensed architect from practicing interior design services.

Nothing in this Act shall be construed as requiring the

services of a registered interior designer for the interior

designing of a single family residence.

(h) Nothing in this Act shall authorize registered

interior designers to perform services, including life safety

services that they are prohibited from performing, or any

practice (i) that is restricted in the Illinois Architecture

Practice Act of 1989, the Professional Engineering Practice

Act of 1989, or the Structural Engineering Practice Act of

1989, or (ii) that they are not authorized to perform under the

Environmental Barriers Act.

(i) Nothing in this Act shall authorize registered

interior designers to advertise services that they are

prohibited to perform, including architecture or engineering

services, nor to use the title "architect" in any form.

(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)

(225 ILCS 310/4.5)

(Section scheduled to be repealed on January 1, 2022)

Sec. 4.5. Unregistered practice; violation; civil penalty.

(a) Any person who holds himself or herself out to be a

registered interior designer without being registered under

this Act shall, in addition to any other penalty provided by

law, pay a civil penalty to the Department in an amount not to

exceed $5,000 for each offense as determined by the

Department. The civil penalty shall be assessed by the

Department after a hearing is held in accordance with the

provisions set forth in this Act regarding the provision of a

hearing for the discipline of a registrant licensee.

(b) The Department has the authority and power to

investigate any illegal use of the title of registered

interior designer.

(c) The civil penalty shall be paid within 60 days after

the effective date of the order imposing the civil penalty.

The order shall constitute a judgment and may be filed and

execution had thereon in the same manner as any judgment from

any court of record.

(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)

(225 ILCS 310/6) (from Ch. 111, par. 8206)

(Section scheduled to be repealed on January 1, 2022)

Sec. 6. Board of Registered Interior Design Professionals.

The Secretary shall appoint a Board of Registered Interior

Design Professionals consisting of 5 members who shall serve

in an advisory capacity to the Secretary. All members of the

Board shall be residents of Illinois. Four members shall (i)

hold a valid registration as an interior designer in Illinois

and have held the registration under this Act for the

preceding 10 years; and (ii) not have been disciplined within

the preceding 10 years under this Act. In addition to the 4

registered interior designer members, there shall be one

public member. The public member shall be a voting member and

shall not be licensed or registered under this Act or any other

design profession licensing Act that the Department

administers.

Board members shall serve 5-year terms and until their

successors are appointed and qualified. In appointing members

to the Board, the Secretary shall give due consideration to

recommendations by members and organizations of the interior

design profession.

The membership of the Board should reasonably reflect

representation from the geographic areas in this State.

No member shall be reappointed to the Board for a term that

would cause his or her continuous service on the Board to be

longer than 2 consecutive 5-year terms.

Appointments to fill vacancies shall be made in the same

manner as original appointments for the unexpired portion of

the vacated term.

Three members of the Board shall constitute a quorum. A

quorum is required for Board decisions.

The Secretary may remove any member of the Board for

misconduct, incompetence, or neglect of duty or for reasons

prescribed by law for removal of State officials.

The Secretary may remove a member of the Board who does not

attend 2 consecutive meetings.

Notice of proposed rulemaking may be transmitted to the

Board and the Department may review the response of the Board

and any recommendations made therein. The Department may, at

any time, seek the expert advice and knowledge of the Board on

any matter relating to the administration or enforcement of

this Act.

Members of the Board are not liable for damages in any

action or proceeding as a result of activities performed as

members of the Board, except upon proof of actual malice.

Members of the Board shall be reimbursed for all

legitimate, necessary, and authorized expenses.

There is created a Board of Registered Interior Design

Professionals to be composed of persons designated from time

to time by the Director, as follows:

(a) For the first year, 5 persons, 4 of whom have been

interior designers for a period of 5 years or more who

would qualify upon application to the Department under

this Act to be registered interior designers, and one

public member. After the initial appointments, each

interior design member shall hold a valid registration as

a registered interior designer. The Board shall annually

elect a chairman.

(b) Terms for all members shall be 3 years. For

initial appointments, one member shall be appointed to

serve for one year, 2 shall be appointed to serve for 2

years, and the remaining shall be appointed to serve for 3

years and until their successors are appointed and

qualified. Initial terms shall begin on the effective date

of this Act. Partial terms over 2 years in length shall be

considered as full terms. A member may be reappointed for

a successive term, but no member shall serve more than 2

full terms.

(c) The membership of the Board should reasonably

reflect representation from the various geographic areas

of the State.

(d) In making appointments to the Board, the Director

shall give due consideration to recommendations by

national and state organizations of the interior design

profession and shall promptly give due notice to such

organizations of any vacancy in the membership of the

Board. The Director may terminate the appointment of any

member for any cause, which in the opinion of the

Director, reasonably justifies such termination.

(e) Three members shall constitute a quorum. A quorum

is required for all Board decisions.

(f) The members of the Board shall each receive as

compensation a reasonable sum as determined by the

Director for each day actually engaged in the duties of

the office, and all legitimate and necessary expenses

incurred in attending the meeting of the Board.

(g) Members of the Board shall be immune from suit in

any action based upon any disciplinary proceedings or

other activities performed in good faith as members of the

Board.

(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)

(225 ILCS 310/7) (from Ch. 111, par. 8207)

(Section scheduled to be repealed on January 1, 2022)

Sec. 7. Board recommendations. The Secretary Director

shall consider the recommendations of the Board in

establishing guidelines for professional conduct, for the

conduct of formal disciplinary proceedings brought under this

Act, and for establishing guidelines for qualifications of

applicants. Notice of proposed rulemaking may shall be

transmitted to the Board and the Department shall review the

response of the Board and any recommendations made in their

response. The Department, at any time, may seek the expert

advice and knowledge of the Board on any matter relating to the

administration or enforcement of this Act.

(Source: P.A. 86-1404.)

(225 ILCS 310/11) (from Ch. 111, par. 8211)

(Section scheduled to be repealed on January 1, 2022)

Sec. 11. Fees. The Department shall provide by rule for a

schedule of fees for the administration and enforcement of

this Act, including but not limited to original registration

licensure, renewal, and restoration. The fees shall be

nonrefundable.

All fees collected under this Act shall be deposited into

the General Professions Dedicated Fund and shall be

appropriated to the Department for the ordinary and contingent

expenses of the Department in the administration of this Act.

(Source: P.A. 91-454, eff. 1-1-00.)

(225 ILCS 310/14) (from Ch. 111, par. 8214)

(Section scheduled to be repealed on January 1, 2022)

Sec. 14. Investigations; Notice of hearing. Upon the

motion of either the Department or the Board, or upon the

verified complaint in writing of any person setting forth

facts which, if proven, would constitute grounds for refusal,

suspension, or revocation of registration under this Act, the

Board shall investigate the actions of any person, hereinafter

called the "registrant", who holds or represents that he holds

a certificate of registration. All such motions or complaints

shall be brought to the Board.

The Director shall, before suspending, revoking, placing

on probationary status, or taking any other disciplinary

action as the Director may deem proper with regard to any

registration, at least 30 days prior to the date set for the

hearing, notify the registrant in writing of any charges made

and the time and place for a hearing on the charges before the

Board. The Board shall also direct the registrant to file his

written answer to the charges with the Board under oath within

20 days after the service on him of such notice, and inform him

that if he fails to file such answer, his certificate of

registration may be suspended, revoked, placed on probationary

status or other disciplinary action may be taken with regard

thereto, as the Director may deem proper.

The written notice and any notice in such proceeding may

be served by delivery personally to the registrant, by email,

or by registered or certified mail to the address specified by

the registrant in his last notification to the Director.

The Department, at its expense, shall preserve a record of

all proceedings at the formal hearing of any case involving

the refusal to issue or renew a registration, or discipline of

a registrant. The notice of hearing, complaint, and all other

documents in the nature of pleadings and written motions filed

in the proceedings, the transcript of testimony, the report of

the Board, and the orders of the Department shall be the record

of such proceedings.

(Source: P.A. 86-1404.)

(225 ILCS 310/20) (from Ch. 111, par. 8220)

(Section scheduled to be repealed on January 1, 2022)

Sec. 20. Restoration. At any time after suspension,

revocation, placement on probationary status, or the taking of

any other disciplinary action with regard to any registration,

the Department may restore the certificate of registration, or

take any other action to reinstate the registration to good

standing, without further examination, upon the written

recommendation of the Board.

(Source: P.A. 86-1404.)

(225 ILCS 310/23) (from Ch. 111, par. 8223)

(Section scheduled to be repealed on January 1, 2022)

Sec. 23. Confidentiality. Confidential information;

Disclosure. All information collected by the Department in the

course of an examination or investigation of a registrant or

applicant, including, but not limited to, any complaint

against a registrant filed with the Department and information

collected to investigate any such complaint, shall be

maintained for the confidential use of the Department and may

not be disclosed. The Department may not disclose the

information to anyone other than law enforcement officials,

other regulatory agencies that have an appropriate regulatory

interest as determined by the Secretary, or a party presenting

a lawful subpoena to the Department. Information and documents

disclosed to a federal, State, county, or local law

enforcement agency may not be disclosed by the agency for any

purpose to any other agency or person. A formal complaint

filed by the Department against a registrant or applicant is a

public record, except as otherwise prohibited by law. In

hearings conducted under this Act, information presented into

evidence that was acquired by an interior designer in serving

any individual in a professional capacity, and necessary to

professionally serve such individual, shall be deemed strictly

confidential and shall only be made available either as part

of the record of a hearing hereunder or otherwise:

(a) when the record is required, in its entirety, for

purposes of judicial review;

(b) upon the express written consent of the individual

served, or in the case of his or her death or disability, the

consent of his or her personal representative.

(Source: P.A. 86-1404.)

(225 ILCS 310/29) (from Ch. 111, par. 8229)

(Section scheduled to be repealed on January 1, 2022)

Sec. 29. Illinois Administrative Procedure Act. The

Illinois Administrative Procedure Act is hereby expressly

adopted and incorporated herein as if all of the provisions of

that Act were included in this Act, except that the provision

of subsection (d) of Section 10-65 of the Illinois

Administrative Procedure Act that provides that at hearings

the registrant has the right to show compliance with all

lawful requirements for retention, continuation, or renewal of

the registration is specifically excluded. For the purposes of

this Act, the notice required under Section 10-25 of the

Illinois Administrative Procedure Act is deemed sufficient

when mailed or emailed to the last known address of a party.

(Source: P.A. 91-357, eff. 7-29-99.)

(225 ILCS 310/30) (from Ch. 111, par. 8230)

(Section scheduled to be repealed on January 1, 2022)

Sec. 30. Fund; appropriations; investments; audits

Interior Design Administration and Investigation Fund. All of

the fees collected pursuant to this Act shall be deposited

into the General Professions Dedicated Fund.

On January 1, 2000 the State Comptroller shall transfer

the balance of the monies in the Interior Design

Administration and Investigation Fund into the General

Professions Dedicated Fund. Amounts appropriated for fiscal

year 2000 out of the Interior Design Administration and

Investigation Fund may be paid out of the General Professions

Dedicated Fund.

The moneys monies deposited in the General Professions

Dedicated Fund may be used for the expenses of the Department

in the administration of this Act.

Moneys from the Fund may also be used for direct and

allocable indirect costs related to the public purposes of the

Department of Professional Regulation. Moneys in the Fund may

be transferred to the Professions Indirect Cost Fund as

authorized by Section 2105-300 of the Department of

Professional Regulation Law (20 ILCS 2105/2105-300).

Upon the completion of any audit of the Department as

prescribed by the Illinois State Auditing Act that includes an

audit of the General Professions Dedicated Fund Interior

Design Administration and Investigation Fund, the Department

shall make the audit open to inspection by any interested

person. The copy of the audit report required to be submitted

to the Department by this Section is in addition to copies of

audit reports required to be submitted to other State officers

and agencies by Section 3-14 of the Illinois State Auditing

Act.

(Source: P.A. 91-239, eff. 1-1-00; 91-454, eff. 1-1-00; 92-16,

eff. 6-28-01.)

Section 40. The Cemetery Oversight Act is amended by

changing Sections 5-15, 5-20, 5-25, 10-20, 10-21, 10-25,

10-40, 10-55, 20-10, 25-3, 25-5, 25-10, 25-15, 25-25, 25-30,

25-35, 25-90, 25-95, 25-105, 25-115, 35-5, 35-15, and 75-45

and by adding Sections 5-16, 5-26, and 25-26 as follows:

(225 ILCS 411/5-15)

(Section scheduled to be repealed on January 1, 2022)

Sec. 5-15. Definitions. In this Act:

"Address of record" means the designated address recorded

by the Department in the applicant's or licensee's application

file or license file. It is the duty of the applicant or

licensee to inform the Department of any change of address

within 14 days either through the Department's website or by

contacting the Department's licensure maintenance unit. The

address of record for a cemetery authority shall be the

permanent street address of the cemetery.

"Applicant" means a person applying for licensure under

this Act as a cemetery authority, cemetery manager, or

customer service employee. Any applicant or any person who

holds himself or herself out as an applicant is considered a

licensee for purposes of enforcement, investigation, hearings,

and the Illinois Administrative Procedure Act.

"Burial permit" means a permit provided by a licensed

funeral director for the disposition of a dead human body.

"Care" means the maintenance of a cemetery and of the

lots, graves, crypts, niches, family mausoleums, memorials,

and markers therein, including: (i) the cutting and trimming

of lawn, shrubs, and trees at reasonable intervals; (ii)

keeping in repair the drains, water lines, roads, buildings,

fences, and other structures, in keeping with a

well-maintained cemetery as provided for in Section 20-5 of

this Act and otherwise as required by rule; (iii) maintenance

of machinery, tools, and equipment for such care; (iv)

compensation of cemetery workers, any discretionary payment of

insurance premiums, and any reasonable payments for workers'

pension and other benefits plans; and (v) the payment of

expenses necessary for such purposes and for maintaining

necessary records of lot ownership, transfers, and burials.

"Cemetery" means any land or structure in this State

dedicated to and used, or intended to be used, for the

interment, inurnment, or entombment of human remains.

"Cemetery authority" means any individual or legal entity

that owns or controls cemetery lands or property.

"Cemetery manager" means an individual directly

responsible or holding himself or herself directly responsible

for the operation, maintenance, development, or improvement of

a cemetery that is or shall be licensed under this Act or shall

be licensed pursuant to Section 10-39 of this Act,

irrespective of whether the individual is paid by the licensed

cemetery authority or a third party. This definition does not

include a volunteer who receives no compensation, either

directly or indirectly, for his or her work as a cemetery

manager.

"Cemetery merchandise" means items of personal property

normally sold by a cemetery authority not covered under the

Illinois Funeral or Burial Funds Act, including, but not

limited to: (1) memorials, (2) markers, (3) monuments, (4)

foundations and installations, and (5) outer burial

containers.

"Cemetery operation" means to engage in any or all of the

following, whether on behalf of, or in the absence of, a

cemetery authority: (i) the interment, entombment, or

inurnment of human remains, (ii) the sale of interment,

entombment, or inurnment rights, cemetery merchandise, or

cemetery services, (iii) the maintenance of interment rights

ownership records, (iv) the maintenance of or reporting of

interment, entombment, or inurnment records, (v) the

maintenance of cemetery property, (vi) the development or

improvement of cemetery grounds, or (vii) the maintenance and

execution of business documents, including State and federal

government reporting and the payment of taxes, for a cemetery

business entity.

"Cemetery Oversight Database" means a database certified

by the Department as effective in tracking the interment,

entombment, or inurnment of human remains.

"Cemetery services" means those services customarily

performed by cemetery personnel in connection with the

interment, entombment, or inurnment of a dead human body.

"Certificate of organization" means the document received

by a cemetery association from the Secretary of State that

indicates that the cemetery association shall be deemed fully

organized as a body corporate under the name adopted and in its

corporate name may sue and be sued.

"Comptroller" means the Comptroller of the State of

Illinois.

"Confidential information" means unique identifiers,

including a person's Social Security number, home address,

home phone number, personal phone number, personal email

address, personal financial information, and any other

information protected by law.

"Consumer" means an individual who purchases or who is

considering purchasing cemetery, burial, or cremation products

or services from a cemetery authority, whether for themselves

or for another person.

"Customer service employee" means an individual who has

direct contact with consumers to explain cemetery merchandise,

services, and interment rights and to execute the sale of

those items to consumers, whether at the cemetery or an

off-site location, irrespective of whether compensation is

paid by the cemetery authority or a third party. This

definition does not include a volunteer who receives no

compensation, either directly or indirectly, for his or her

work as a customer service employee.

"Department" means the Department of Financial and

Professional Regulation.

"Email address of record" means the designated email

address recorded by the Department in the applicant's

application file or the licensee's license file as maintained

by the Department's licensure maintenance unit.

"Employee" means an individual who works for a cemetery

authority where the cemetery authority has the right to

control what work is performed and the details of how the work

is performed regardless of whether federal or State payroll

taxes are withheld.

"Entombment right" means the right to place individual

human remains or individual cremated human remains in a

specific mausoleum crypt or lawn crypt selected by a consumer

for use as a final resting place.

"Family burying ground" means a cemetery in which no lots,

crypts, or niches are sold to the public and in which

interments, inurnments, and entombments are restricted to the

immediate family or a group of individuals related to each

other by blood or marriage.

"Full exemption" means an exemption granted to a cemetery

authority pursuant to subsection (a) of Section 5-20.

"Funeral director" means a funeral director as defined by

the Funeral Directors and Embalmers Licensing Code.

"Grave" means a space of ground in a cemetery used or

intended to be used for burial.

"Green burial or cremation disposition" means burial or

cremation practices that reduce the greenhouse gas emissions,

waste, and toxic chemicals ordinarily created in burial or

cremation or, in the case of greenhouse gas emissions,

mitigate or offset emissions. Such practices include any

standards or method for burial or cremation that the

Department may name by rule.

"Immediate family" means the designated agent of a person

or the persons given priority for the disposition of a

person's remains under the Disposition of Remains Act and

shall include a person's spouse, parents, grandparents,

children, grandchildren and siblings.

"Individual" means a natural person.

"Interment right" means the right to place individual

human remains or cremated human remains in a specific

underground location selected by a consumer for use as a final

resting place.

"Inurnment right" means the right to place individual

cremated human remains in a specific niche selected by the

consumer for use as a final resting place.

"Lawn crypt" means a permanent underground crypt installed

in multiple units for the entombment of human remains.

"Licensee" means a person licensed under this Act as a

cemetery authority, cemetery manager, or customer service

employee. Anyone who holds himself or herself out as a

licensee or who is accused of unlicensed practice is

considered a licensee for purposes of enforcement,

investigation, hearings, and the Illinois Administrative

Procedure Act.

"Mausoleum crypt" means a grouping of spaces constructed

of reinforced concrete or similar material constructed or

assembled above the ground for entombing remains.

"Niche" means a space in a columbarium or mausoleum used,

or intended to be used, for inurnment of cremated human

remains.

"Partial exemption" means an exemption granted to a

cemetery authority pursuant to subsection (b) of Section 5-20.

"Parcel identification number" means a unique number

assigned by the Cemetery Oversight Database to a grave, plot,

crypt, or niche that enables the Department to ascertain the

precise location of a decedent's remains interred, entombed,

or inurned after the effective date of this Act.

"Person" means any individual, firm, partnership,

association, corporation, limited liability company, trustee,

government or political subdivision, or other entity.

"Public cemetery" means a cemetery owned, operated,

controlled, or managed by the federal government, by any

state, county, city, village, incorporated town, township,

multi-township, public cemetery district, or other municipal

corporation, political subdivision, or instrumentality thereof

authorized by law to own, operate, or manage a cemetery.

"Religious burying ground" means a cemetery in which no

lots, crypts, or niches are sold and in which interments,

inurnments, and entombments are restricted to a group of

individuals all belonging to a religious order or granted

burial rights by special consideration of the religious order.

"Religious cemetery" means a cemetery owned, operated,

controlled, and managed by any recognized church, religious

society, association, or denomination, or by any cemetery

authority or any corporation administering, or through which

is administered, the temporalities of any recognized church,

religious society, association, or denomination.

"Secretary" means the Secretary of Financial and

Professional Regulation or a person authorized by the

Secretary to act in the Secretary's stead.

"Term burial" means a right of interment sold to a

consumer in which the cemetery authority retains the right to

disinter and relocate the remains, subject to the provisions

of subsection (d) of Section 35-15 of this Act.

"Trustee" means any person authorized to hold funds under

this Act.

"Unique personal identifier" means the parcel

identification number in addition to the term of burial in

years; the numbered level or depth in the grave, plot, crypt,

or niche; and the year of death for human remains interred,

entombed, or inurned after the effective date of this Act. The

unique personal identifier is assigned by the Cemetery

Oversight Database.

(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

(225 ILCS 411/5-16 new)

Sec. 5-16. Address of record; email address of record. All

applicants and licensees shall:

(1) provide a valid address and email address to the

Department, which shall serve as the address of record and

email address of record, respectively, at the time of

application for licensure or renewal of a license; and

(2) inform the Department of any change of address of

record or email address of record within 14 days after

such change either through the Department's website or by

contacting the Department's licensure maintenance unit.

(225 ILCS 411/5-20)

(Section scheduled to be repealed on January 1, 2022)

Sec. 5-20. Exemptions.

(a) Full exemption. Except as provided in this subsection,

this Act does not apply to (1) any cemetery authority

operating as a family burying ground or religious burying

ground, (2) any cemetery authority that has not engaged in an

interment, inurnment, or entombment of human remains within

the last 10 years, or (3) any cemetery authority that is less

than 3 acres. For purposes of determining the applicability of

this subsection, the number of interments, inurnments, and

entombments shall be aggregated for each calendar year. A

cemetery authority claiming a full exemption shall apply for

exempt status as provided for in Section 10-20 of this Act. A

cemetery authority claiming a full exemption shall be subject

to Sections 10-40, 10-55, and 10-60 of this Act. A cemetery

authority that performs activities that would disqualify it

from a full exemption is required to apply for licensure

within one year following the date on which its activities

would disqualify it for a full exemption. A cemetery authority

that previously qualified for and maintained a full exemption

that fails to timely apply for licensure shall be deemed to

have engaged in unlicensed practice and shall be subject to

discipline in accordance with Article 25 of this Act.

(b) Partial exemption. If a cemetery authority does not

qualify for a full exemption and (1) engages in 25 or fewer

interments, inurnments, or entombments of human remains for

each of the preceding 2 calendar years, (2) operates as a

public cemetery, or (3) operates as a religious cemetery, then

the cemetery authority is partially exempt from this Act but

shall be required to comply with Sections 10-23, 10-40, 10-55,

10-60, subsections (a), (b), (b-5), (c), (d), (f), (g), and

(h) of Section 20-5, Sections 20-6, 20-8, 20-10, 20-12, 20-30,

20-35, 20-40, 25-3, and 25-120, and Article 35 of this Act.

Cemetery authorities claiming a partial exemption shall apply

for the partial exemption as provided in Section 10-20 of this

Act. A cemetery authority that changes to a status that would

disqualify it from a partial exemption is required to apply

for licensure within one year following the date on which it

changes its status. A cemetery authority that maintains a

partial exemption that fails to timely apply for licensure

shall be deemed to have engaged in unlicensed practice and

shall be subject to discipline in accordance with Article 25

of this Act.

(c) Nothing in this Act applies to the City of Chicago in

its exercise of its powers under the O'Hare Modernization Act

or limits the authority of the City of Chicago to acquire

property or otherwise exercise its powers under the O'Hare

Modernization Act, or requires the City of Chicago, or any

person acting on behalf of the City of Chicago, to comply with

the licensing, regulation, or investigation, or mediation

requirements of this Act in exercising its powers under the

O'Hare Modernization Act.

(d) A cemetery manager and customer service employee

license may be in active status only during the period that

such a licensee is employed by a cemetery authority that is

licensed under this Act. In the event that a cemetery manager

or customer service employee commences work for a cemetery

granted an exemption under this Section, it shall be a duty of

both the cemetery authority and the individual licensee to

immediately notify the Department so that the license may be

placed on inactive status. During the period that a license is

in inactive status, the involved person may not hold himself

or herself out as licensed. Upon returning to employment by a

cemetery licensed under this Act, such a cemetery manager or

customer service employee may reinstate the license to active

status simply by notifying the Department and paying the

applicable fee.

(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

(225 ILCS 411/5-25)

(Section scheduled to be repealed on January 1, 2022)

Sec. 5-25. Powers and duties of the Department. The

Department shall, subject Subject to the provisions of this

Act, the Department may exercise the following functions,

powers, and duties:

(1) Authorize certification programs to ascertain the

qualifications and fitness of applicants for licensing as

a licensed cemetery manager or as a customer service

employee to ascertain whether they possess the requisite

level of knowledge for such position.

(2) Examine a licensed cemetery authority's records

from any year or any other aspects of cemetery operation

as the Department deems appropriate.

(3) Investigate any and all cemetery operations.

(4) Conduct hearings on proceedings to refuse to

issue, or renew, or restore licenses or to revoke,

suspend, place on probation, or reprimand, or otherwise

discipline a licensee license under this Act or take other

non-disciplinary action.

(5) Adopt reasonable rules required for the

administration of this Act.

(6) Prescribe forms to be issued for the

administration and enforcement of this Act.

(7) (Blank). Maintain rosters of the names and

addresses of all licensees and all persons whose licenses

have been suspended, revoked, denied renewal, or otherwise

disciplined within the previous calendar year. These

rosters shall be available upon written request and

payment of the required fee as established by rule.

(8) Work with the Office of the Comptroller and the

Department of Public Health, Division of Vital Records to

exchange information and request additional information

relating to a licensed cemetery authority.

(9) Investigate cemetery contracts, grounds, or

employee records.

(10) Issue licenses to those who meet the requirements

of this Act.

(11) Conduct investigations related to possible

violations of this Act.

If the Department exercises its authority to conduct

investigations under this Section, the Department shall

provide the cemetery authority with information sufficient to

challenge the allegation. If the complainant consents, then

the Department shall provide the cemetery authority with the

identity of and contact information for the complainant so as

to allow the cemetery authority and the complainant to resolve

the complaint directly. Except as otherwise provided in this

Act, any complaint received by the Department and any

information collected to investigate the complaint shall be

maintained by the Department for the confidential use of the

Department and shall not be disclosed. The Department may not

disclose the information to anyone other than law enforcement

officials or other regulatory agencies or persons that have an

appropriate regulatory interest, as determined by the

Secretary, or to a party presenting a lawful subpoena to the

Department. Information and documents disclosed to a federal,

state, county, or local law enforcement agency shall not be

disclosed by the agency for any purpose to any other agency or

person. A formal complaint filed against a licensee by the

Department or any order issued by the Department against a

licensee or applicant shall be a public record, except as

otherwise prohibited by law.

(Source: P.A. 99-78, eff. 7-20-15.)

(225 ILCS 411/5-26 new)

Sec. 5-26. Confidentiality. All information collected by

the Department in the course of an examination or

investigation of a licensee or applicant, including, but not

limited to, any complaint against a licensee filed with the

Department and information collected to investigate any such

complaint, shall be maintained for the confidential use of the

Department and shall not be disclosed. The Department may not

disclose the information to anyone other than law enforcement

officials, other regulatory agencies that have an appropriate

regulatory interest as determined by the Secretary, or a party

presenting a lawful subpoena to the Department. Information

and documents disclosed to a federal, State, county, or local

law enforcement agency shall not be disclosed by the agency

for any purpose to any other agency or person. A formal

complaint filed against a licensee by the Department or any

order issued by the Department against a licensee or applicant

shall be a public record, except as otherwise prohibited by

law.

(225 ILCS 411/10-20)

(Section scheduled to be repealed on January 1, 2022)

Sec. 10-20. Application for original license or exemption.

(a) Applications for original licensure as a cemetery

authority, cemetery manager, or customer service employee

authorized by this Act, or application for exemption from

licensure as a cemetery authority, shall be made to the

Department in writing on forms or electronically as prescribed

by the Department, which shall include the applicant's Social

Security number or FEIN number, or both, and shall be

accompanied by the required fee that shall not be refundable.

as set by Section 10-55 of this Act and further refined by

rule. Applications for partial or full exemption from

licensure as a cemetery authority shall be submitted to the

Department within 6 months after the Department adopts rules

under this Act. If the person fails to submit the application

for partial or full exemption within this period, the person

shall be subject to discipline in accordance with Article 25

of this Act. The process for renewing a full or partial

exemption shall be set by rule. If a cemetery authority seeks

to practice at more than one location, it shall meet all

licensure requirements at each location as required by this

Act and by rule, including submission of an application and

fee. All applications shall contain information that, in the

judgment of the Department, will enable the Department to pass

on the qualifications of the applicant for a license under

this Act.

(b) (Blank).

(c) After initial licensure, if any person comes to obtain

at least 51% of the ownership over the licensed cemetery

authority, then the cemetery authority shall have to apply for

a new license and receive licensure in the required time as set

by rule. The current license remains in effect until the

Department takes action on the application for a new license.

(d) (Blank). All applications shall contain the

information that, in the judgment of the Department, will

enable the Department to pass on the qualifications of the

applicant for an exemption from licensure or for a license to

practice as a cemetery authority, cemetery manager, or

customer service employee as set by rule.

(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

(225 ILCS 411/10-21)

(Section scheduled to be repealed on January 1, 2022)

Sec. 10-21. Qualifications for licensure.

(a) A cemetery authority shall apply for licensure on

forms prescribed by the Department and pay the required fee.

An applicant is qualified for licensure as a cemetery

authority if the applicant meets all of the following

qualifications:

(1) The applicant has not committed any act or offense

in any jurisdiction that would constitute the basis for

discipline under this Act. When considering such license,

the Department shall take into consideration the

following:

(A) the applicant's record of compliance with the

Code of Professional Conduct and Ethics, and whether

the applicant has been found to have engaged in any

unethical or dishonest practices in the cemetery

business;

(B) whether the applicant has been adjudicated,

civilly or criminally, to have committed fraud or to

have violated any law of any state involving unfair

trade or business practices, has been convicted of a

misdemeanor of which fraud is an essential element or

which involves any aspect of the cemetery business, or

has been convicted of any felony;

(C) whether the applicant has willfully violated

any provision of this Act or a predecessor law or any

regulations relating thereto;

(D) whether the applicant has been permanently or

temporarily suspended, enjoined, or barred by any

court of competent jurisdiction in any state from

engaging in or continuing any conduct or practice

involving any aspect of the cemetery or funeral

business; and

(E) whether the applicant has ever had any license

to practice any profession or occupation suspended,

denied, fined, or otherwise acted against or

disciplined by the applicable licensing authority.

If the applicant is a corporation, limited liability

company, partnership, or other entity permitted by law,

then the Department shall determine whether each

principal, owner, member, officer, and shareholder holding

25% or more of corporate stock has met the requirements of

this item (1) of subsection (a) of this Section.

(2) The applicant must provide a statement of its

assets and liabilities to the Department.

(3) The applicant has not, within the preceding 10

years, been convicted of or entered a plea of guilty or

nolo contendere to (i) a Class X felony or (ii) a felony,

an essential element of which was fraud or dishonesty

under the laws of this State, another state, the United

States, or a foreign jurisdiction that is directly related

to the practice of cemetery operations. If the applicant

is a corporation, limited liability company, partnership,

or other entity permitted by law, then each principal,

owner, member, officer, and shareholder holding 25% or

more of corporate stock has not, within the preceding 10

years, been convicted of or entered a plea of guilty or

nolo contendere to (i) a Class X felony or (ii) a felony,

an essential element of which was fraud or dishonesty

under the laws of this State, another state, the United

States, or a foreign jurisdiction that is directly related

to the practice of cemetery operations.

(4) The applicant shall authorize the Department to

conduct a criminal background check that does not involve

fingerprinting.

(5) In the case of a person or entity applying for

renewal of his, her, or its license, the applicant has

complied with all other requirements of this Act and the

rules adopted for the implementation of this Act.

(b) The cemetery manager and customer service employees of

a licensed cemetery authority shall apply for licensure as a

cemetery manager or customer service employee on forms

prescribed by the Department and pay the required fee. A

person is qualified for licensure as a cemetery manager or

customer service employee if he or she meets all of the

following requirements:

(1) Is at least 18 years of age.

(2) Has acted in an ethical manner as set forth in

Section 10-23 of this Act. In determining qualifications

of licensure, the Department shall take into consideration

the factors outlined in item (1) of subsection (a) of this

Section.

(3) Submits proof of successful completion of a high

school education or its equivalent as established by rule.

(4) The applicant shall authorize the Department to

conduct a criminal background check that does not involve

fingerprinting.

(5) Has not committed a violation of this Act or any

rules adopted under this Act that, in the opinion of the

Department, renders the applicant unqualified to be a

cemetery manager.

(6) Submits proof of successful completion of a

certification course recognized by the Department for a

cemetery manager or customer service employee, whichever

the case may be.

(7) Has not, within the preceding 10 years, been

convicted of or entered a plea of guilty or nolo

contendere to (i) a Class X felony or (ii) a felony, an

essential element of which was fraud or dishonesty under

the laws of this State, another state, the United States,

or a foreign jurisdiction that is directly related to the

practice of cemetery operations.

(8) (Blank).

(9) In the case of a person applying for renewal of his

or her license, has complied with all other requirements

of this Act and the rules adopted for implementation of

this Act.

(c) Each applicant for a cemetery authority, cemetery

manager, or customer service employee license shall authorize

the Department to conduct a criminal background check that

does not involve fingerprinting. The Department must, in turn,

conduct the criminal background check on each applicant. The

Department shall adopt rules to implement this subsection (c),

but in no event shall the Department impose a fee upon the

applicant for the background check.

(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

(225 ILCS 411/10-25)

(Section scheduled to be repealed on January 1, 2022)

Sec. 10-25. Certification.

(a) The Department shall authorize certification programs

for cemetery manager and customer service employee applicants.

The certification programs must consist of education and

training in cemetery ethics, cemetery law, and cemetery

practices. Cemetery ethics shall include, without limitation,

the Code of Professional Conduct and Ethics as set forth in

Section 10-23 of this Act. Cemetery law shall include, without

limitation, the Cemetery Oversight Act, the Cemetery Care Act,

the Disposition of Remains Act, and the Cemetery Protection

Act. Cemetery practices shall include, without limitation,

treating the dead and their family members with dignity and

respect. The certification program shall include an

examination administered by the entity providing the

certification.

(a-5) An entity seeking to offer a certification program

to cemetery manager applicants and customer service employee

applicants must receive approval of its program from the

Department in a manner and form prescribed by the Department

by rule. As part of this process, the entity must submit to the

Department the examination it offers or intends to offer as

part of its certification program.

(a-10) A cemetery manager applicant or customer service

employee applicant may choose any entity that has been

approved by the Department from which to obtain certification.

(b) Cemetery manager applicants and customer service

employee applicants shall pay the fee for the certification

program directly to the entity offering the program.

(c) If the cemetery manager applicant or customer service

employee applicant neglects, fails, or refuses to become

certified within one year after filing an application, then

the application shall be denied. However, the applicant may

thereafter submit a new application accompanied by the

required fee. The applicant shall meet the requirements in

force at the time of making the new application.

(d) A cemetery manager applicant or customer service

employee applicant who has completed a certification program

offered by an entity that has not received the Department's

approval as required by this Section has not met the

qualifications for licensure as set forth in Section 10-21 of

this Act.

(e) The Department may approve shall recognize any

certification program that is conducted by a death care trade

association in Illinois that has been in existence for more

than 5 years that, in the determination of the Department,

provides adequate education and training in cemetery law,

cemetery ethics, and cemetery practices and administers an

examination covering the same.

(f) The Department may, without a hearing, summarily

withdraw its approval of a certification program that, in the

judgment of the Department, fails to meet the requirements of

this Act or the rules adopted under this Act. A certification

program that has had its approval withdrawn by the Department

may reapply for approval, but shall provide such additional

information as may be required by the Department, including,

but not limited to, evidence to the Department's satisfaction

that the program is in compliance with this Act and the rules

adopted under this Act.

(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

(225 ILCS 411/10-40)

(Section scheduled to be repealed on January 1, 2022)

Sec. 10-40. Renewal, reinstatement, or restoration of

license Expiration and renewal of license.

(a) The expiration date and renewal period for each

license issued under this Act shall be set by rule. The holder

of a license may renew such license during the month preceding

the expiration date thereof by paying the required fee.

(b) A licensee under this Act who has permitted his or her

license to expire or has had his or her license placed on

inactive status may have his or her license restored by making

application to the Department and filing proof acceptable to

the Department of his or her fitness of having his or her

license restored, including, but not limited to, sworn

evidence certifying to active practice in another jurisdiction

satisfactory to the Department, and by paying the required fee

as determined by rule. Every cemetery authority, cemetery

manager, and customer service employee license shall expire

every 2 years. Every registration as a fully exempt cemetery

authority or partially exempt cemetery authority shall expire

every 4 years. The expiration date, renewal period, and other

requirements for each license and registration shall be

further refined by rule.

(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

(225 ILCS 411/10-55)

(Section scheduled to be repealed on January 1, 2022)

Sec. 10-55. Fees.

(a) Except as provided in this Section, the fees for the

administration and enforcement of this Act shall be set by the

Department by rule. The fees shall be reasonable and shall not

be refundable.

(b) Cemetery manager applicants and customer service

employee applicants shall pay any certification program or

continuing education program fee directly to the entity

offering the program.

(c) The Department may waive fees based upon hardship.

(d) Nothing shall prohibit a cemetery authority from

paying, on behalf of its cemetery managers or customer service

employees, their application, renewal, or restoration fees.

(e) All fees and other moneys collected under this Act

shall be deposited in the Cemetery Oversight Licensing and

Disciplinary Fund.

(f) The fee for application as a cemetery authority

seeking a full exemption is $0.

(g) The fee to renew registration as a fully exempt

cemetery authority is $0. As provided in Section 10-40 of this

Act and as further refined by rule, each registration as a

fully exempt cemetery authority shall expire every 4 years.

(h) The fee for application as a cemetery authority

seeking a partial exemption is $150.

(i) The fee to renew registration as a partially exempt

cemetery authority is $150. As provided in Section 10-40 of

this Act and as further refined by rule, each registration as a

partially exempt cemetery authority shall expire every 4

years.

(j) The fee for original licensure, renewal, and

restoration as a cemetery authority not seeking a full or

partial exemption is $75. As provided in Section 10-40 of this

Act and as further refined by rule, each cemetery authority

license shall expire every 2 years.

(k) The fee for original licensure, renewal, and

restoration as a cemetery manager is $25. As provided in

Section 10-40 of this Act and as further refined by rule, each

cemetery manager license shall expire every 2 years.

(l) The fee for original licensure, renewal, and

restoration as a customer service employee is $25. As provided

in Section 10-40 of this Act and as further refined by rule,

each customer service employee license shall expire every 2

years.

(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

(225 ILCS 411/20-10)

(Section scheduled to be repealed on January 1, 2022)

Sec. 20-10. Contract. At the time cemetery arrangements

are made and prior to rendering the cemetery services, a

cemetery authority shall create a completed written contract

to be provided to the consumer, signed by both parties by their

actual written signatures on either paper or electronic form,

that shall contain: (i) the date on which the arrangements

were made; (ii) the price of the service selected and the

services and merchandise included for that price; (iii) the

supplemental items of service and merchandise requested and

the price of each item; (iv) the terms or method of payment

agreed upon; and (v) a statement as to any monetary advances

made on behalf of the family. The cemetery authority shall

maintain a copy of such written contract in its permanent

records.

(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

(225 ILCS 411/25-3)

(Section scheduled to be repealed on January 1, 2022)

Sec. 25-3. Exemption, investigation, mediation. All

cemetery authorities maintaining a partial exemption must

submit to the following investigation and mediation procedure

by the Department in the event of a consumer complaint:

(a) Complaints to cemetery:

(1) the cemetery authority shall make every effort

to first resolve a consumer complaint; and

(2) if the complaint is not resolved, then the

cemetery authority shall advise the consumer of his or

her right to file a complaint with seek investigation

and mediation by the Department.

(b) Complaints to the Department:

(1) if the Department receives a complaint, the

Department shall make an initial determination as to

whether the complaint has a reasonable basis and

pertains to this Act;

(2) if the Department determines that the

complaint has a reasonable basis and pertains to this

Act, it shall inform the cemetery authority of the

complaint and give it 30 days to tender a response;

(3) upon receiving the cemetery authority's

response, or after the 30 days provided in subsection

(2) of this subsection, whichever comes first, the

Department shall attempt to resolve the complaint

telephonically with the parties involved;

(4) if the complaint still is not resolved, then

the Department shall conduct an investigation and

mediate the complaint as provided for by rule;

(5) if the Department conducts an on-site

investigation and face-to-face mediation with the

parties, then it may charge the cemetery authority a

single investigation and mediation fee, which fee

shall be set by rule and shall be calculated on an

hourly basis; and

(6) if all attempts to resolve the consumer

complaint as provided for in paragraphs (1) through

(5) fail, then the cemetery authority may be subject

to proceedings for penalties and discipline under this

Article when it is determined by the Department that

the cemetery authority may have engaged in any of the

following: (i) gross malpractice; (ii) dishonorable,

unethical, or unprofessional conduct of a character

likely to deceive, defraud, or harm the public; (iii)

gross, willful, or continued overcharging for

services; (iv) incompetence; (v) unjustified failure

to honor its contracts; or (vi) failure to adequately

maintain its premises. The Department may issue a

citation or institute disciplinary action and cause

the matter to be prosecuted and may thereafter issue

and enforce its final order as provided in this Act.

(Source: P.A. 96-863, eff. 3-1-10.)

(225 ILCS 411/25-5)

(Section scheduled to be repealed on January 1, 2022)

Sec. 25-5. Citations.

(a) The Department may adopt rules to permit the issuance

of citations for non-frivolous complaints. The citation shall

be issued to the licensee and shall contain the licensee's

name and address, the licensee's license number, a brief

factual statement, the Sections of the law allegedly violated,

and the penalty imposed. The citation must clearly state that

the licensee may choose, in lieu of accepting the citation, to

request a hearing. If the licensee does not dispute the matter

in the citation with the Department within 30 days after the

citation is served, then the citation shall become a final

order and shall constitute discipline. The penalty shall be a

fine or other conditions as established by rule.

(b) The Department shall adopt rules designating

violations for which a citation may be issued. Such rules

shall designate as citation violations those violations for

which there is no substantial threat to the public health,

safety, and welfare. Citations shall not be utilized if there

was any significant consumer harm resulting from the

violation.

(c) A citation must be issued within 6 months after the

reporting of a violation that is the basis for the citation.

(d) Service of a citation may be made by personal service,

regular mail, or email or certified mail to the licensee at the

licensee's address of record.

(Source: P.A. 96-863, eff. 3-1-10.)

(225 ILCS 411/25-10)

(Section scheduled to be repealed on January 1, 2022)

Sec. 25-10. Grounds for disciplinary action.

(a) The Department may refuse to issue or renew a license

or may revoke, suspend, place on probation, reprimand, or take

other disciplinary or non-disciplinary action as the

Department may deem appropriate, including imposing fines not

to exceed $10,000 $8,000 for each violation, with regard to

any license under this Act, for any one or combination of the

following:

(1) Material misstatement in furnishing information to

the Department.

(2) Violations of this Act, except for Section 20-8,

or of the rules adopted under this Act.

(3) Conviction of or entry of a plea of guilty or nolo

contendere, finding of guilt, jury verdict, or entry of

judgment or sentencing, including, but not limited to,

convictions, preceding sentences of supervision,

conditional discharge, or first offender probation under

the law of any jurisdiction of the United States that is

(i) a Class X felony or (ii) a felony, an essential element

of which is fraud or dishonesty that is directly related

to the practice of cemetery operations. Conviction of, or

entry of a plea of guilty or nolo contendere to, any crime

within the last 10 years that is a Class X felony or higher

or is a felony involving fraud and dishonesty under the

laws of the United States or any state or territory

thereof.

(4) Fraud or any misrepresentation in applying for or

procuring a license under this Act or in connection with

applying for renewal. Making any misrepresentation for the

purpose of obtaining licensure or violating any provision

of this Act or the rules adopted under this Act.

(5) Incompetence or misconduct in the practice of

cemetery operations. Professional incompetence.

(6) Gross malpractice.

(7) Aiding or assisting another person in violating

any provision of this Act or rules adopted under this Act.

(8) Failing, within 10 business days, to provide

information in response to a written request made by the

Department.

(9) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public.

(10) Habitual or excessive use or abuse of drugs

defined in law as controlled substances, alcohol,

narcotics, stimulants, or any other substances that

results in the inability to practice pursuant to the

provisions of this Act with reasonable judgment, skill, or

safety while acting under the provisions of this Act.

Inability to practice with reasonable judgment, skill, or

safety as a result of habitual or excessive use of

alcohol, narcotics, stimulants, or any other chemical

agent or drug.

(11) Discipline by another agency, state, territory,

foreign country, the District of Columbia, the United

States government territory, or any other government

agency foreign nation, if at least one of the grounds for

the discipline is the same or substantially equivalent to

those set forth in this Act Section.

(12) Directly or indirectly giving to or receiving

from any person, firm, corporation, partnership, or

association any fee, commission, rebate, or other form of

compensation for professional services not actually or

personally rendered.

(13) A finding by the Department that the licensee,

after having his or her license placed on probationary

status, has violated the terms of probation or failed to

comply with such terms.

(14) Willfully making or filing false records or

reports in his or her practice, including, but not limited

to, false records filed with any governmental agency or

department.

(15) Inability to practice the profession with

reasonable judgment, skill, or safety as a result of

physical illness, including, but not limited to, loss of

motor skill, mental illness, or disability.

(16) Failure to comply with an order, decision, or

finding of the Department made pursuant to this Act.

(17) Directly or indirectly receiving compensation for

any professional services not actually performed.

(18) Practicing under a false or, except as provided

by law, an assumed name.

(19) Using or attempting to use an expired, inactive,

suspended, or revoked license or impersonating another

licensee. Fraud or misrepresentation in applying for, or

procuring, a license under this Act or in connection with

applying for renewal of a license under this Act.

(20) A finding by the Department that an applicant or

licensee has failed to pay a fine imposed by the

Department. Cheating on or attempting to subvert the

licensing examination administered under this Act.

(21) Unjustified failure to honor its contracts.

(22) Negligent supervision of a cemetery manager,

customer service employee, employee, or independent

contractor.

(23) (Blank). A pattern of practice or other behavior

which demonstrates incapacity or incompetence to practice

under this Act.

(24) (Blank). Allowing an individual who is not, but

is required to be, licensed under this Act to perform work

for the cemetery authority.

(25) (Blank).

(b) No action may be taken under this Act against a person

licensed under this Act for an occurrence or alleged

occurrence that predates the enactment of this Act unless the

action is commenced within 5 years after the occurrence of the

alleged violations, except for a violation of item (3) of

subsection (a) of this Section. If a person licensed under

this Act violates item (3) of subsection (a) of this Section,

then the action may commence within 10 years after the

occurrence of the alleged violation. A continuing violation

shall be deemed to have occurred on the date when the

circumstances last existed that give rise to the alleged

violation.

(c) In enforcing this Section, the Department, upon a

showing of a possible violation, may order a licensee or

applicant to submit to a mental or physical examination, or

both, at the expense of the Department. The Department may

order the examining physician to present testimony concerning

his or her examination of the licensee or applicant. No

information shall be excluded by reason of any common law or

statutory privilege relating to communications between the

licensee or applicant and the examining physician. The

examining physicians shall be specifically designated by the

Department. The licensee or applicant may have, at his or her

own expense, another physician of his or her choice present

during all aspects of the examination. Failure of a licensee

or applicant to submit to any such examination when directed,

without reasonable cause, shall be grounds for either

immediate suspending of his or her license or immediate denial

of his or her application.

(1) If the Secretary immediately suspends the license

of a licensee for his or her failure to submit to a mental

or physical examination when directed, a hearing must be

convened by the Department within 15 days after the

suspension and completed without appreciable delay.

(2) If the Secretary otherwise suspends a license

pursuant to the results of the licensee's mental or

physical examination, a hearing must be convened by the

Department within 15 days after the suspension and

completed without appreciable delay. The Department shall

have the authority to review the licensee's record of

treatment and counseling regarding the relevant impairment

or impairments to the extent permitted by applicable

federal statutes and regulations safeguarding the

confidentiality of medical records.

(3) Any licensee suspended under this subsection shall

be afforded an opportunity to demonstrate to the

Department that he or she can resume practice in

compliance with the acceptable and prevailing standards

under the provisions of his or her license.

(d) The determination by a circuit court that a licensee

is subject to involuntary admission or judicial admission, as

provided in the Mental Health and Developmental Disabilities

Code, operates as an automatic suspension. Such suspension may

end only upon a finding by a court that the patient is no

longer subject to involuntary admission or judicial admission,

the issuance of an order so finding and discharging the

patient, and the filing of a petition for restoration

demonstrating fitness to practice.

(e) In cases where the Department of Healthcare and Family

Services has previously determined that a licensee or a

potential licensee is more than 30 days delinquent in the

payment of child support and has subsequently certified the

delinquency to the Department, the Department shall refuse to

issue or renew or shall revoke or suspend that person's

license or shall take other disciplinary action against that

person based solely upon the certification of delinquency made

by the Department of Healthcare and Family Services under

paragraph (5) of subsection (a) of Section 2105-15 of the

Department of Professional Regulation Law of the Civil

Administrative Code of Illinois.

(f) The Department shall refuse to issue or renew or shall

revoke or suspend a person's license or shall take other

disciplinary action against that person for his or her failure

to file a return, to pay the tax, penalty, or interest shown in

a filed return, or to pay any final assessment of tax, penalty,

or interest as required by any tax Act administered by the

Department of Revenue, until the requirements of the tax Act

are satisfied in accordance with subsection (g) of Section

2105-15 of the Department of Professional Regulation Law of

the Civil Administrative Code of Illinois.

(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

(225 ILCS 411/25-15)

(Section scheduled to be repealed on January 1, 2022)

Sec. 25-15. Injunction; cease Cease and desist order.

(a) If any person or entity violates a provision of this

Act, the Secretary may, in the name of the People of the State

of Illinois, through the Attorney General of the State of

Illinois, petition for an order enjoining such violation or

for an order enforcing compliance with this Act. Upon the

filing of a verified petition in such court, the court may

issue a temporary restraining order, without notice or bond,

and may preliminarily and permanently enjoin such violation.

If it is established that such person or entity has violated or

is violating the injunction, the court may punish the offender

for contempt of court. Proceedings under this Section are in

addition to, and not in lieu of, all other remedies and

penalties provided by this Act. The Secretary may issue an

order to cease and desist to any licensee or other person doing

business without the required license when, in the opinion of

the Secretary, the licensee or other person is violating or is

about to violate any provision of this Act or any rule or

requirement imposed in writing by the Department.

(b) Whenever in the opinion of the Department any person

or entity violates any provision of this Act, the Department

may issue a rule to show cause why an order to cease and desist

should not be entered against them. The rule shall clearly set

forth the grounds relied upon by the Department and shall

provide a period of 7 days from the date of the rule to file an

answer to the satisfaction of the Department. Failure to

answer to the satisfaction of the Department shall cause an

order to cease and desist to be issued immediately. The

Secretary may issue an order to cease and desist prior to a

hearing and such order shall be in full force and effect until

a final administrative order is entered.

(c) The Secretary shall serve notice of his or her action,

designated as an order to cease and desist made pursuant to

this Section, including a statement of the reasons for the

action, either personally or by certified mail, return receipt

requested. Service by certified mail shall be deemed completed

when the notice is deposited in the United States mail and sent

to the address of record or, in the case of unlicensed

activity, the address known to the Department.

(d) Within 15 days after service of the order to cease and

desist, the licensee or other person may request, in writing,

a hearing.

(e) The Secretary shall schedule a hearing within 30 days

after the request for a hearing unless otherwise agreed to by

the parties.

(f) The Secretary shall have the authority to prescribe

rules for the administration of this Section.

(g) If, after hearing, it is determined that the Secretary

has the authority to issue the order to cease and desist, he or

she may issue such orders as may be reasonably necessary to

correct, eliminate, or remedy such conduct.

(h) The powers vested in the Secretary by this Section are

additional to any and all other powers and remedies vested in

the Secretary by law and nothing in this Section shall be

construed as requiring that the Secretary shall employ the

power conferred in this Section instead of or as a condition

precedent to the exercise of any other power or remedy vested

in the Secretary.

(Source: P.A. 96-863, eff. 3-1-10.)

(225 ILCS 411/25-25)

(Section scheduled to be repealed on January 1, 2022)

Sec. 25-25. Investigations, notice, hearings.

(a) The Department may investigate the actions of any

applicant or of any person or entity holding or claiming to

hold a license under this Act. The Department may at any time

investigate the actions of any applicant or of any person or

persons rendering or offering to render services as a cemetery

authority, cemetery manager, or customer service employee of

or any person holding or claiming to hold a license as a

licensed cemetery authority, cemetery manager, or customer

service employee. If it appears to the Department that a

person has engaged in, is engaging in, or is about to engage in

any practice declared to be unlawful by this Act, then the

Department may: (1) require that person to file on such terms

as the Department prescribes a statement or report in writing,

under oath or otherwise, containing all information the

Department may consider necessary to ascertain whether a

licensee is in compliance with this Act, or whether an

unlicensed person is engaging in activities for which a

license is required; (2) examine under oath any individual in

connection with the books and records pertaining to or having

an impact upon the operation of a cemetery; (3) examine any

books and records of the licensee that the Department may

consider necessary to ascertain compliance with this Act; and

(4) require the production of a copy of any record, book,

document, account, or paper that is produced in accordance

with this Act and retain it in his or her possession until the

completion of all proceedings in connection with which it is

produced.

(b) The Department shall, before disciplining an applicant

or licensee, at least 30 days prior to the date set for the

hearing: (i) notify, in writing, the accused of the charges

made and the time and place for the hearing on the charges,

(ii) direct him or her to file a written answer to the charges

under oath within 20 days after service of the notice, and

(iii) inform the applicant or licensee that failure to file an

answer will result in a default being entered against the

applicant or licensee. The Secretary may, after 10 days notice

by certified mail with return receipt requested to the

licensee at the address of record or to the last known address

of any other person stating the contemplated action and in

general the grounds therefor, fine such licensee an amount not

exceeding $10,000 per violation or revoke, suspend, refuse to

renew, place on probation, or reprimand any license issued

under this Act if he or she finds that:

(1) the licensee has failed to comply with any

provision of this Act or any order, decision, finding,

rule, regulation, or direction of the Secretary lawfully

made pursuant to the authority of this Act; or

(2) any fact or condition exists which, if it had

existed at the time of the original application for the

license, clearly would have warranted the Secretary in

refusing to issue the license.

(c) Written or electronic notice, and any notice in the

subsequent proceedings, may be served by personal delivery, by

email, or by mail to the applicant or licensee at his or her

address of record or email address of record. The Secretary

may fine, revoke, suspend, refuse to renew, place on

probation, reprimand, or take any other disciplinary action as

to the particular license with respect to which grounds for

the fine, revocation, suspension, refuse to renew, probation,

or reprimand, or other disciplinary action occur or exist, but

if the Secretary finds that grounds for revocation are of

general application to all offices or to more than one office

of the licensee, the Secretary shall fine, revoke, suspend,

refuse to renew, place on probation, reprimand, or otherwise

discipline every license to which such grounds apply.

(d) At the time and place fixed in the notice, the hearing

officer appointed by the Secretary shall proceed to hear the

charges and the parties or their counsel shall be accorded

ample opportunity to present any statement, testimony,

evidence, and argument as may be pertinent to the charges or to

their defense. The hearing officer may continue the hearing

from time to time. In every case in which a license is revoked,

suspended, placed on probation, reprimanded, or otherwise

disciplined, the Secretary shall serve the licensee with

notice of his or her action, including a statement of the

reasons for his or her actions, either personally or by

certified mail, return receipt requested. Service by certified

mail shall be deemed completed when the notice is deposited in

the United States mail and sent to the address of record.

(e) In case the licensee or applicant, after receiving the

notice, fails to file an answer, his or her license may, in the

discretion of the Secretary, be suspended, revoked, or placed

on probationary status, or be subject to whatever disciplinary

action the Secretary considers proper, including limiting the

scope, nature, or extent of the person's practice or

imposition of a fine, without hearing, if the act or acts

charged constitute sufficient grounds for the action under

this Act. An order assessing a fine, an order revoking,

suspending, placing on probation, or reprimanding a license

or, an order denying renewal of a license shall take effect

upon service of the order unless the licensee requests, in

writing, within 20 days after the date of service, a hearing.

In the event a hearing is requested, an order issued under this

Section shall be stayed until a final administrative order is

entered.

(f) If the licensee requests a hearing, then the Secretary

shall schedule a hearing within 30 days after the request for a

hearing unless otherwise agreed to by the parties. The

Secretary shall have the authority to appoint an attorney duly

licensed to practice law in the State of Illinois to serve as

the hearing officer in any disciplinary action with regard to

a license. The hearing officer shall have full authority to

conduct the hearing.

(g) The hearing shall be held at the time and place

designated by the Secretary.

(h) The Secretary shall have the authority to prescribe

rules for the administration of this Section.

(i) Fines imposed and any costs assessed shall be paid

within 60 days.

(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

(225 ILCS 411/25-26 new)

Sec. 25-26. Hearing officer. Notwithstanding any provision

of this Act, the Secretary has the authority to appoint an

attorney licensed to practice law in the State of Illinois to

serve as the hearing officer in any action for refusal to issue

or renew a license or discipline a license. The hearing

officer shall have full authority to conduct the hearing. The

hearing officer shall report his or her findings of fact,

conclusions of law, and recommendations to the Secretary.

(225 ILCS 411/25-30)

(Section scheduled to be repealed on January 1, 2022)

Sec. 25-30. Hearing; motion for rehearing Consent order.

(a) The hearing officer appointed by the Secretary shall

hear evidence in support of the formal charges and evidence

produced by the licensee. At the conclusion of the hearing,

the hearing officer shall present to the Secretary a written

report of his or her findings of fact, conclusions of law, and

recommendations.

(b) At the conclusion of the hearing, a copy of the hearing

officer's report shall be served upon the applicant or

licensee, either personally or as provided in this Act for the

service of the notice of hearing. Within 20 calendar days

after such service, the applicant or licensee may present to

the Department a motion, in writing, for a rehearing which

shall specify the particular grounds for rehearing. The

Department may respond to the motion for rehearing within 20

calendar days after its service on the Department. If no

motion for rehearing is filed, then upon the expiration of the

time specified for filing such a motion, or upon denial of a

motion for rehearing, the Secretary may enter an order in

accordance with the recommendations of the hearing officer. If

the applicant or licensee orders from the reporting service

and pays for a transcript of the record within the time for

filing a motion for rehearing, the 20 calendar day period

within which a motion may be filed shall commence upon

delivery of the transcript to the applicant or licensee.

(c) If the Secretary disagrees in any regard with the

report of the hearing officer, the Secretary may issue an

order contrary to the report.

(d) Whenever the Secretary is not satisfied that

substantial justice has been done, the Secretary may order a

hearing by the same or another hearing officer.

(e) At any point in any investigation or disciplinary

proceeding provided for in this Act, both parties may agree to

a negotiated consent order. The consent order shall be final

upon signature of the Secretary.

At any point in any investigation or disciplinary proceeding

provided for in this Act, both parties may agree to a

negotiated consent order. The consent order shall be final

upon signature of the Secretary.

(Source: P.A. 96-863, eff. 3-1-10.)

(225 ILCS 411/25-35)

(Section scheduled to be repealed on January 1, 2022)

Sec. 25-35. Record of proceedings; transcript.

(a) The Department, at its expense, shall provide a

certified shorthand reporter to take down the testimony and

preserve a record of all proceedings at the hearing of any case

in which a licensee may be revoked, suspended, placed on

probationary status, reprimanded, fined, or subjected to other

disciplinary action with reference to the license when a

disciplinary action is authorized under this Act and rules.

The notice of hearing, complaint, and all other documents in

the nature of pleadings and written portions filed in the

proceedings, the transcript of the testimony, the report of

the hearing officer, and the orders of the Department shall be

the record of the proceedings. The record may be made

available to any person interested in the hearing upon payment

of the fee required by Section 2105-115 of the Department of

Professional Regulation Law shall preserve a record of all

proceedings at the formal hearing of any case. Any notice, all

documents in the nature of pleadings, written motions filed in

the proceedings, the transcripts of testimony, and orders of

the Department shall be in the record of the proceeding.

(b) The Department may contract for court reporting

services, and, if it does so, the Department shall provide the

name and contact information for the certified shorthand

reporter who transcribed the testimony at a hearing to any

person interested, who may obtain a copy of the transcript of

any proceedings at a hearing upon payment of the fee specified

by the certified shorthand reporter.

(Source: P.A. 96-863, eff. 3-1-10.)

(225 ILCS 411/25-90)

(Section scheduled to be repealed on January 1, 2022)

Sec. 25-90. Restoration of license from discipline.

(a) At any time after the successful completion of a term

of indefinite probation, suspension, or revocation of a

license under this Act, the Department may restore the license

to the licensee, unless after an investigation and a hearing

the Secretary determines that restoration is not in the public

interest.

(b) Where circumstances of suspension or revocation so

indicate, the Department may require an examination of the

licensee prior to restoring his or her license.

(c) No person whose license has been revoked as authorized

in this Act may apply for restoration of that license until

such time as provided for in the Civil Administrative Code of

Illinois.

(d) A license that has been suspended or revoked shall be

considered non-renewed for purposes of restoration and a

licensee restoring his or her license from suspension or

revocation must comply with the requirements for restoration

as set forth in Section 10-40.

(Source: P.A. 96-863, eff. 3-1-10.)

(225 ILCS 411/25-95)

(Section scheduled to be repealed on January 1, 2022)

Sec. 25-95. Administrative review; venue.

(a) All final administrative decisions of the Department

are subject to judicial review under the Administrative Review

Law and its rules. The term "administrative decision" is

defined as in Section 3-101 of the Code of Civil Procedure.

(b) Proceedings for judicial review shall be commenced in

the circuit court of the county in which the party applying for

review resides, but if the party is not a resident of Illinois,

the venue shall be in Sangamon County.

(c) The Department shall not be required to certify any

record to the court or file any answer in court, or to

otherwise appear in any court in a judicial review proceeding,

unless and until the Department has received from the

plaintiff payment of the costs of furnishing and certifying

the record, which costs shall be determined by the Department.

(d) Failure on the part of the plaintiff to file a receipt

in court shall be grounds for dismissal of the action.

(Source: P.A. 96-863, eff. 3-1-10.)

(225 ILCS 411/25-105)

(Section scheduled to be repealed on January 1, 2022)

Sec. 25-105. Unlicensed practice; violations; civil

penalty Violations.

(a) Any person who practices, offers to practice, attempts

to practice, or hold himself or herself out as a cemetery

manager or customer service employee as provided in this Act

without being licensed or exempt under this Act shall, in

addition to any other penalty provided by law, pay a civil

penalty to the Department in an amount not to exceed $10,000

for each offense, as determined by the Department. The civil

penalty shall be assessed by the Department after a hearing is

held in accordance with the provision set forth in this Act

regarding the provision of a hearing for the discipline of a

licensee.

(b) The Department may investigate any actual, alleged, or

suspected unlicensed activity.

(c) The civil penalty shall be paid within 60 days after

the effective date of the order imposing the civil penalty.

The order shall constitute a judgment and may be filed and

execution had thereon in the same manner as any judgment from

any court of record.

(d) A person or entity not licensed under this Act who has

violated any provision of this Act or its rules is guilty of a

Class A misdemeanor for the first offense and a Class 4 felony

for a second and subsequent offenses.

Each of the following acts is a Class A misdemeanor for the

first offense and a Class 4 felony for each subsequent

offense:

(1) the practice of or attempted practice of or

holding out as available to practice as a cemetery

authority, cemetery manager, or customer service employee

without a license; or

(2) the obtaining of or the attempt to obtain any

license or authorization under this Act by fraud or

misrepresentation.

(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

(225 ILCS 411/25-115)

(Section scheduled to be repealed on January 1, 2022)

Sec. 25-115. Illinois Administrative Procedure Act;

application. The Illinois Administrative Procedure Act is

expressly adopted and incorporated in this Act as if all of the

provisions of that Act were included in this Act, except that

the provision of paragraph (d) of Section 10-65 of the

Illinois Administrative Procedure Act, which provides that at

hearings the licensee has the right to show compliance with

all lawful requirements for retention or continuation or

renewal of the license, is specifically excluded. The

Department shall not be required to annually verify email

addresses as specified in paragraph (a) of subsection (2) of

Section 10-75 of the Illinois Administrative Procedure Act.

For the purpose of this Act, the notice required under Section

10-25 of the Illinois Administrative Procedure Act is

considered sufficient when mailed to the address of record or

emailed to the email address of record.

(Source: P.A. 96-863, eff. 3-1-10.)

(225 ILCS 411/35-5)

(Section scheduled to be repealed on January 1, 2022)

Sec. 35-5. Penalties. Cemetery authorities shall respect

the rights of consumers of cemetery products and services as

put forth in this Article. Failure to abide by the cemetery

duties listed in this Article or to comply with a request by a

consumer based on a consumer's privileges under this Article

may activate the mediation, citation, or disciplinary

processes in Article 25 of this Act.

(Source: P.A. 96-863, eff. 3-1-10.)

(225 ILCS 411/35-15)

(Section scheduled to be repealed on January 1, 2022)

Sec. 35-15. Cemetery duties.

(a) Prices for all cemetery-related products offered for

sale by the cemetery authority must be disclosed to the

consumer in writing on a standardized price list.

Memorialization pricing may be disclosed in price ranges. The

price list shall include the effective dates of the prices.

The price list shall include not only the range of interment,

inurnment, and entombment rights, and the cost of extending

the term of any term burial, but also any related merchandise

or services offered by the cemetery authority. Charges for

installation of markers, monuments, and vaults in cemeteries

must be the same without regard to where the item is purchased.

(b) A contract for the interment, inurnment, or entombment

of human remains must be signed by both parties: the consumer

and the cemetery authority or its representative. Such

signature shall be personally signed by the signor on either

paper or electronic format and shall not include a stamp or

electronic facsimile of the signature. Before a contract is

signed, the prices for the purchased services and merchandise

must be disclosed on the contract and in plain language. If a

contract is for a term burial, the term, the option to extend

the term, and the subsequent disposition of the human remains

post-term must be in bold print and discussed with the

consumer. Any contract for the sale of a burial plot, when

designated, must disclose the exact location of the burial

plot based on the survey of the cemetery map or plat on file

with the cemetery authority.

(c) A cemetery authority that has the legal right to

extend a term burial shall, prior to disinterment, provide the

family or other authorized agent under the Disposition of

Remains Act the opportunity to extend the term of a term burial

for the cost as stated on the cemetery authority's current

price list. Regardless of whether the family or other

authorized agent chooses to extend the term burial, the

cemetery authority shall, prior to disinterment, provide

notice to the family or other authorized agent under the

Disposition of Remains Act of the cemetery authority's

intention to disinter the remains and to inter different human

remains in that space.

(d) If any rules or regulations, including the operational

or maintenance requirements, of a cemetery change after the

date a contract is signed for the purchase of cemetery-related

or funeral-related products or services, the cemetery may not

require the consumer, purchaser, or such individual's relative

or representative to purchase any merchandise or service not

included in the original contract or in the rules and

regulations in existence when the contract was entered unless

the purchase is reasonable or required to make the cemetery

authority compliant with applicable law.

(e) No cemetery authority or its agent may engage in

deceptive or unfair practices. The cemetery authority and its

agents may not misrepresent legal or cemetery requirements.

(f) The Department may adopt rules regarding green burial

certification, green cremation products and methods, and

consumer education.

(g) The contractual requirements contained in this Section

only apply to contracts executed after the effective date of

this Act.

(Source: P.A. 96-863, eff. 3-1-10.)

(225 ILCS 411/75-45)

(Section scheduled to be repealed on January 1, 2022)

Sec. 75-45. Fees. The Department shall by rule provide for

fees for the administration and enforcement of this Act, and

those fees are nonrefundable. All of the fees, and fines, and

all other moneys collected under this Act and fees collected

on behalf of the Department under subsection (1) of Section 25

of the Vital Records Act shall be deposited into the Cemetery

Oversight Licensing and Disciplinary Fund and be appropriated

to the Department for the ordinary and contingent expenses of

the Department in the administration and enforcement of this

Act.

(Source: P.A. 96-863, eff. 3-1-10.)

(225 ILCS 411/25-1 rep.)

(225 ILCS 411/25-50 rep.)

(225 ILCS 411/25-55 rep.)

(225 ILCS 411/25-60 rep.)

(225 ILCS 411/25-100 rep.)

(225 ILCS 411/25-110 rep.)

(225 ILCS 411/25-120 rep.)

(225 ILCS 411/25-125 rep.)

(225 ILCS 411/75-20 rep.)

(225 ILCS 411/75-35 rep.)

Section 45. The Cemetery Oversight Act is amended by

repealing Sections 25-1, 25-50, 25-55, 25-60, 25-100, 25-110,

25-120, 25-125, 75-20, and 75-35.

Section 50. The Community Association Manager Licensing

and Disciplinary Act is amended by changing Sections 10, 15,

20, 25, 27, 30, 40, 45, 50, 55, 60, 65, 70, 75, 85, 90, 92, 95,

115, 120, 140, 145, 155, and 165 and by adding Sections 12, 41,

85.1, 86, 161, and 162 as follows:

(225 ILCS 427/10)

(Section scheduled to be repealed on January 1, 2022)

Sec. 10. Definitions. As used in this Act:

"Address of record" means the designated street address,

which may not be a post office box, recorded by the Department

in the applicant's or licensee's application file or license

file maintained by the Department Department's licensure

maintenance unit. It is the duty of the applicant or licensee

to inform the Department of any change of address, and such

changes must be made either through the Department's website

or by contacting the Department's licensure maintenance unit.

"Advertise" means, but is not limited to, issuing or

causing to be distributed any card, sign or device to any

person; or causing, permitting or allowing any sign or marking

on or in any building, structure, newspaper, magazine or

directory, or on radio or television; or advertising by any

other means designed to secure public attention, including,

but not limited to, print, electronic, social media, and

digital forums.

"Board" means the Community Association Manager Licensing

and Disciplinary Board.

"Community association" means an association in which

membership is a condition of ownership or shareholder interest

of a unit in a condominium, cooperative, townhouse, villa, or

other residential unit which is part of a residential

development plan and that is authorized to impose an

assessment, rents, or other costs that may become a lien on the

unit or lot.

"Community association funds" means any assessments, fees,

fines, or other funds collected by the community association

manager from the community association, or its members, other

than the compensation paid to the community association

manager for performance of community association management

services.

"Community association management firm" means a company,

corporation, limited liability company, partnership, or other

entity that engages in community association management

services.

"Community association management services" means those

services listed in the definition of community association

manager in this Section.

"Community association manager" means an individual who:

(1) has an ownership interest in or is employed by a

community association management firm, or is directly

employed by or provides services as an independent

contractor to a community association; and

(2) administers for remuneration the financial,

administrative, maintenance, or other duties for the

community association, including the following services:

(A) collecting, controlling or disbursing funds of

the community association or having the authority to

do so;

(B) preparing budgets or other financial documents

for the community association;

(C) assisting in the conduct of community

association meetings;

(D) maintaining association records; and

(E) administering administrating association

contracts or procuring goods and services in

accordance with , as stated in the declaration, bylaws,

proprietary lease, declaration of covenants, or other

governing document of the community association or at

the direction of the board of managers; and

(F) coordinating financial, administrative,

maintenance, or other duties called for in the

management contract, including individuals who are

direct employees of the community association.

"Community association manager" does not mean support

staff, including, but not limited to bookkeepers,

administrative assistants, secretaries, property inspectors,

or customer service representatives.

"Department" means the Department of Financial and

Professional Regulation.

"Designated community association manager" means a

licensed community association manager who: (1) has an

ownership interest in or is employed by a community

association management firm to act as a controlling person;

and (2) is the authorized signatory or has delegated signing

authority for the firm on community association accounts; and

(3) supervises, manages, and is responsible for the firm's

community association manager activities pursuant to Section

50 of this Act.

"Email address of record" means the designated email

address recorded by the Department in the applicant's

application file or the licensee's license file, as maintained

by the Department.

"License" means the privilege conferred by the Department

to a person that has fulfilled all requirements prerequisite

to any type of licensure under this Act license issued to a

person, corporation, partnership, limited liability company,

or other legal entity under this Act to provide community

association management services.

"Licensee" means a community association manager or a

community association management firm.

"Person" means any individual, corporation, partnership,

limited liability company, or other legal entity.

"Secretary" means the Secretary of Financial and

Professional Regulation or the Secretary's designee.

"Supervising community association manager" means an

individual licensed as a community association manager who

manages and supervises a firm.

(Source: P.A. 100-201, eff. 8-18-17.)

(225 ILCS 427/12 new)

Sec. 12. Address of record; email address of record. All

applicants and licensees shall:

(1) provide a valid address and email address to the

Department, which shall serve as the address of record and

email address of record, respectively, at the time of

application for licensure or renewal of a license; and

(2) inform the Department of any change of address of

record or email address of record within 14 days after

such change through the Department's website or in a

manner prescribed by the Department.

(225 ILCS 427/15)

(Section scheduled to be repealed on January 1, 2022)

Sec. 15. License required. It shall be unlawful for any

person, corporation, partnership, limited liability company,

or other entity to provide community association management

services, provide services as a community association manager,

or hold the person himself, herself, or itself out as a

community association manager or community association

management firm to any community association in this State,

unless the person holds he, she, or it holds a current and

valid license issued licensed by the Department or the person

is otherwise exempt from licensure under this Act.

(Source: P.A. 98-365, eff. 1-1-14.)

(225 ILCS 427/20)

(Section scheduled to be repealed on January 1, 2022)

Sec. 20. Exemptions.

(a) The requirement for holding a license under this Act

shall not apply to any of the following:

(1) Any director or , officer, or member of a community

association providing one or more of the services of a

community association manager to a community association

without compensation for such services to the association.

(2) Any person, corporation, partnership, or limited

liability company providing one or more of the services of

a community association manager to a community association

of 10 units or less.

(3) A licensed attorney acting solely as an incident

to the practice of law.

(4) An individual A person acting as a receiver,

trustee in bankruptcy, administrator, executor, or

guardian acting under a court order or under the authority

of a court will or of a trust instrument.

(5) A person licensed in this State under any other

Act who engages in practices or activities specifically

authorized by the Act pursuant to which the license was

granted from engaging the practice for which he or she is

licensed.

(b) A licensed community association manager may not

perform or engage in any activities for which a real estate

managing broker, or real estate broker, or residential leasing

agent broker's license is required under the Real Estate

License Act of 2000, unless the licensee he or she also

possesses a current and valid license under the Real Estate

License Act of 2000 and is providing those services as

provided for in the Real Estate License Act of 2000 and the

applicable rules.

(c) (Blank). A person may temporarily act as, or provide

services as, a community association manager without being

licensed under this Act if the person (i) is a community

association manager regulated under the laws of another state

or territory of the United States or another country and (ii)

has applied in writing to the Department, on forms prepared

and furnished by the Department, for licensure under this Act.

This temporary right to act as a community association manager

shall expire 6 months after the filing of his or her written

application to the Department; upon the withdrawal of the

application for licensure under this Act; or upon delivery of

a notice of intent to deny the application from the

Department; or upon the denial of the application by the

Department, whichever occurs first.

(Source: P.A. 98-365, eff. 1-1-14.)

(225 ILCS 427/25)

(Section scheduled to be repealed on January 1, 2022)

Sec. 25. Community Association Manager Licensing and

Disciplinary Board.

(a) There is hereby created the Community Association

Manager Licensing and Disciplinary Board, which shall consist

of 7 members appointed by the Secretary. All members must be

residents of the State and must have resided in the State for

at least 5 years immediately preceding the date of

appointment. Five members of the Board must be licensees under

this Act, at least two members of which shall be supervising

community association managers. Two members of the Board shall

be owners of, or hold a shareholder's interest in, a unit in a

community association at the time of appointment who are not

licensees under this Act and have no direct affiliation or

work experience with the community association's community

association manager. This Board shall act in an advisory

capacity to the Department.

(b) The term of each member Members serving on the Board on

the effective date of this amendatory Act of the 100th General

Assembly may serve the remainder of their unexpired terms.

Thereafter, the members' terms shall be for 4 years or until

that member's successor is appointed and expire upon

completion of the term. No member shall be reappointed to the

Board for a term that would cause the member's his or her

cumulative service to the Board to exceed 10 years.

Appointments to fill vacancies shall be made by the Secretary

for the unexpired portion of the term. The Secretary shall

remove from the Board any member whose license has become void

or has been revoked or suspended and may remove any member of

the Board for neglect of duty, misconduct, or incompetence. A

member who is subject to formal disciplinary proceedings shall

be disqualified disqualify himself or herself from all Board

business until the charge is resolved. A member also shall be

disqualified disqualify himself or herself from any matter on

which the member cannot act objectively.

(c) Four Board members shall constitute a quorum. A quorum

is required for all Board decisions.

(d) The Board shall elect annually, at its first meeting

of the fiscal year, a chairperson and vice chairperson.

(e) Each member shall receive reimbursement as set by the

Governor's Travel Control Board for expenses incurred in

carrying out the duties as a Board member. The Board shall be

compensated as determined by the Secretary.

(f) The Board may recommend policies, procedures, and

rules relevant to the administration and enforcement of this

Act.

(Source: P.A. 100-886, eff. 8-14-18.)

(225 ILCS 427/27)

(Section scheduled to be repealed on January 1, 2022)

Sec. 27. Immunity from liability. Any member of the Board,

any attorney providing advice to the Board or Department, any

person acting as a consultant to the Board or Department, and

any witness testifying in a proceeding authorized under this

Act, excluding the party making the complaint, shall be immune

from liability in any civil action brought against him or her

for acts occurring while acting in one's his or her capacity as

a Board member, attorney, consultant, or witness,

respectively, unless the conduct that gave rise to the action

was willful or wanton misconduct.

(Source: P.A. 98-365, eff. 1-1-14.)

(225 ILCS 427/30)

(Section scheduled to be repealed on January 1, 2022)

Sec. 30. Powers and duties of the Department. The

Department may exercise the following functions, powers and

duties:

(a) formulate rules for the administration and

enforcement of this Act;

(b) prescribe forms to be issued for the

administration and enforcement of this Act and utilize

regular or electronic mail, at the discretion of the

Department, to send notices and other information to

applicants and licensees;

(c) conduct hearings or proceedings to refuse to issue

or , renew, or to suspend, revoke, place on probation,

reprimand, or take disciplinary or non-disciplinary action

as the Department may deem appropriate under this Act;

(d) (blank); maintain a roster of the names and

addresses of all licensees in a manner as deemed

appropriate by the Department; and

(e) seek the advice and expert knowledge of the Board

on any matter relating to the administration and

enforcement of this Act; and .

(f) exercise any and all general powers and duties set

forth in Section 2105-15 of the Department of Professional

Regulation Law of the Civil Administrative Code of

Illinois.

(Source: P.A. 96-726, eff. 7-1-10.)

(225 ILCS 427/40)

(Section scheduled to be repealed on January 1, 2022)

Sec. 40. Qualifications for licensure as a community

association manager.

(a) No person shall be qualified for licensure as a

community association manager under this Act, unless the

person he or she has applied in writing on the prescribed forms

and has paid the required, nonrefundable fees and has met

meets all of the following qualifications:

(1) Is He or she is at least 18 years of age.

(1.5) Successfully completed a 4-year course of study

in a high school, secondary school, or an equivalent

course of study approved by the state in which the school

is located, or possess a high school equivalency

certificate, which shall be verified under oath by the

applicant.

(2) Provided He or she provides satisfactory evidence

of having completed at least 20 classroom hours in

community association management courses approved by the

Board.

(3) Passed He or she has passed an examination

authorized by the Department.

(4) Has He or she has not committed an act or acts, in

this or any other jurisdiction, that would be a violation

of this Act.

(5) Is He or she is of good moral character. In

determining moral character under this Section, the

Department may take into consideration whether the

applicant has engaged in conduct or activities that would

constitute grounds for discipline under this Act. Good

moral character is a continuing requirement of licensure.

Conviction of crimes may be used in determining moral

character, but shall not constitute an absolute bar to

licensure.

(6) Has He or she has not been declared by any court of

competent jurisdiction to be incompetent by reason of

mental or physical defect or disease, unless a court has

subsequently declared by a court him or her to be

competent.

(7) Complies He or she complies with any additional

qualifications for licensure as determined by rule of the

Department.

(b) (Blank). The education requirement set forth in item

(2) of subsection (a) of this Section shall not apply to

persons holding a real estate managing broker or real estate

broker license in good standing issued under the Real Estate

License Act of 2000.

(c) (Blank). The examination and initial education

requirement of items (2) and (3) of subsection (a) of this

Section shall not apply to any person who within 6 months from

the effective date of the requirement for licensure, as set

forth in Section 170 of this Act, applies for a license by

providing satisfactory evidence to the Department of

qualifying experience or education, as may be set forth by

rule, including without limitation evidence that he or she has

practiced community association management for a period of 5

years.

(d) Applicants have 3 years from the date of application

to complete the application process. If the process has not

been completed within the 3 years, the application shall be

denied, the fee shall be forfeited, and the applicant must

reapply and meet the requirements in effect at the time of

re-application.

(e) The Department shall not require applicants to report

the following information and shall not consider the following

criminal history records in connection with an application for

licensure:

(1) juvenile adjudications of delinquent minors as

defined in Section 5-105 of the Juvenile Court Act of 1987

subject to the restrictions set forth in Section 5-130 of

that Act;

(2) law enforcement records, court records, and

conviction records of an individual who was 17 years old

at the time of the offense and before January 1, 2014,

unless the nature of the offense required the individual

to be tried as an adult;

(3) records of arrest not followed by a charge or

conviction;

(4) records of arrest in which the charges were

dismissed unless related to the practice of the

profession; however, applicants shall not be asked to

report any arrests, and an arrest not followed by a

conviction shall not be the basis of a denial and may be

used only to assess an applicant's rehabilitation;

(5) convictions overturned by a higher court; or

(6) convictions or arrests that have been sealed or

expunged.

(f) An applicant or licensee shall report to the

Department, in a manner prescribed by the Department, and

within 30 days after the occurrence if during the term of

licensure: (i) any conviction of or plea of guilty or nolo

contendere to forgery, embezzlement, obtaining money under

false pretenses, larceny, extortion, conspiracy to defraud, or

any similar offense or offenses or any conviction of a felony

involving moral turpitude; (ii) the entry of an administrative

sanction by a government agency in this State or any other

jurisdiction that has as an essential element dishonesty or

fraud or involves larceny, embezzlement, or obtaining money,

property, or credit by false pretenses; or (iii) any

conviction of or plea of guilty or nolo contendere to a crime

that subjects the licensee to compliance with the requirements

of the Sex Offender Registration Act.

(Source: P.A. 100-892, eff. 8-14-18.)

(225 ILCS 427/41 new)

Sec. 41. Qualifications for licensure as a community

association management firm. Any person who desires to obtain

a community association management firm license must:

(1) apply to the Department on forms prescribed by the

Department and pay the required fee;

(2) provide evidence to the Department that the

community association management firm has a licensed and

designated community association manager;

(3) be authorized to conduct business in the State of

Illinois and provide proof of such authorization to the

Department; and

(4) comply with all requirements as may be set forth

by rule.

(225 ILCS 427/45)

(Section scheduled to be repealed on January 1, 2022)

Sec. 45. Examinations.

(a) The Department shall authorize examinations of

applicants for licensure as a community association manager at

such times and places as it may determine. The examination of

applicants shall be of a character to give a fair test of the

qualifications of the applicant to practice as a community

association manager.

(b) Applicants for examination shall be required to pay,

either to the Department or the designated testing service, a

fee covering the cost of providing the examination.

(c) The Department may employ consultants to prepare and

conduct for the purpose of preparing and conducting

examinations.

(d) An applicant shall be eligible to take the examination

only after successfully completing the education requirements

set forth in this Act and attaining the minimum education and

age required under this Act.

(e) (Blank). The examination approved by the Department

should utilize the basic principles of professional testing

standards utilizing psychometric measurement. The examination

shall use standards set forth by the National Organization for

Competency Assurances and shall be approved by the Department.

(Source: P.A. 96-726, eff. 7-1-10.)

(225 ILCS 427/50)

(Section scheduled to be repealed on January 1, 2022)

Sec. 50. Community association management firm.

(a) No corporation, partnership, limited liability

company, or other legal entity shall provide or offer to

provide community association management services, unless it

has applied in writing on the prescribed forms and has paid the

required nonrefundable fees and provided evidence to the

Department that the firm has designated a licensed supervising

community association manager to supervise and manage the

firm. Having a A designated supervising community association

manager shall be a continuing requirement of firm licensure.

No supervising community association manager may be the

supervising community association manager for more than one

firm.

(b) Any corporation, partnership, limited liability

company, or other legal entity that is providing, or offering

to provide, community association management services and is

not in compliance with this Section 50 and other provisions of

this Act shall be subject to the civil penalties fines,

injunctions, cease and desist provisions, and penalties

provided for in Sections 90, 92, and 155 of this Act.

(c) No community association manager may be the designated

community association manager licensee-in-charge for more than

one firm, corporation, limited liability company, partnership,

or other legal entity. The designated community association

manager shall supervise and manage all licensed and unlicensed

employees acting on behalf of the community association

management firm. The designated community association manager

shall supervise and manage all independent contractors

providing community association management services on behalf

of the community association management firm. The community

association management firm and the designated community

association manager shall be responsible for all actions of

which they had knowledge taken on behalf of the community

association management firm.

(d) The Department may adopt rules and set all necessary

requirements for the implementation of this Section.

(Source: P.A. 98-365, eff. 1-1-14.)

(225 ILCS 427/55)

(Section scheduled to be repealed on January 1, 2022)

Sec. 55. Fidelity insurance; segregation of accounts.

(a) The designated supervising community association

manager or the community association management firm that

employs the designated community association manager with

which he or she is employed shall not have access to and

disburse community association funds unless each of the

following conditions occur:

(1) There is fidelity insurance in place to insure

against loss or for theft of community association funds.

(2) The fidelity insurance is in the maximum amount of

coverage available to protect funds in the custody or not

less than all moneys under the control of the designated

supervising community association manager or the employing

community association management firm providing service to

for the association.

(3) During the term and coverage period of the

insurance, the The fidelity insurance shall cover covers

the :

(A) the designated community association manager; ,

supervising community association manager, and

(B) the community association management firm;

(C) all community association managers;

(D) all all partners, officers, and employees of

the community association management firm; and during

the term of the insurance coverage, which shall be at

least for the same term as the service agreement

between the community association management firm or

supervising community association manager as well as

(E) the community association officers, directors,

and employees.

(4) The insurance company issuing the fidelity

insurance may not cancel or refuse to renew the bond

without giving at least 10 days' prior written notice.

(5) Unless an agreement between the community

association and the designated supervising community

association manager or the community association

management firm provides to the contrary, a community

association may secure and pay for the fidelity insurance

required by this Section. The designated supervising

community association manager, all other licensees, and or

the community association management firm must be named as

additional insured parties on the community association

policy.

(b) A community association management firm that provides

community association management services for more than one

community association shall maintain separate, segregated

accounts for each community association or, with the consent

of the community association, combine the accounts of one or

more community associations, but in that event, separately

account for the funds of each community association. The funds

shall not, in any event, be commingled with the supervising

community association manager's or community association

management firm's funds. The funds shall not, in any event, be

commingled with the funds of the community association

manager, the community association management firm, or any

other community association. The maintenance of such accounts

shall be custodial, and such accounts shall be in the name of

the respective community association or community association

manager or Community Association Management Agency as the

agent for the association.

(c) The designated supervising community association

manager or community association management firm shall obtain

the appropriate general liability and errors and omissions

insurance, as determined by the Department, to cover any

losses or claims against a the supervising community

association manager, the designated community association

manager, or the community association management firm.

(d) The Department shall have authority to promulgate

additional rules regarding insurance, fidelity insurance and

all accounts maintained and to be maintained by a community

association manager, designated supervising community

association manager, or community association management firm.

(Source: P.A. 98-365, eff. 1-1-14.)

(225 ILCS 427/60)

(Section scheduled to be repealed on January 1, 2022)

Sec. 60. Licenses; renewals; restoration; person in

military service.

(a) The expiration date, fees, and renewal period for each

license issued under this Act shall be set by rule. The

Department may promulgate rules requiring continuing education

and set all necessary requirements for such, including but not

limited to fees, approved coursework, number of hours, and

waivers of continuing education.

(b) Any licensee who has an expired permitted his, her, or

its license to expire may have the license restored by

applying making application to the Department and filing proof

acceptable to the Department of fitness to have the expired

his, her, or its license restored, by which may include sworn

evidence certifying to active practice in another jurisdiction

satisfactory to the Department, complying with any continuing

education requirements, and paying the required restoration

fee.

(c) Any If the person has not maintained an active

practice in another jurisdiction satisfactory to the

Department, the Department shall determine, by an evaluation

program established by rule, the person's fitness to resume

active status and may require the person to complete a period

of evaluated clinical experience and successful completion of

a practical examination. However, any person whose license

expired while (i) in federal service on active duty with the

Armed Forces of the United States or called into service or

training with the State Militia or (ii) in training or

education under the supervision of the United States

preliminary to induction into the military service may have

the his or her license renewed or restored without paying any

lapsed renewal fees if, within 2 years after honorable

termination of the service, training or education, except

under condition other than honorable, the licensee he or she

furnishes the Department with satisfactory evidence of

engagement to the effect that he or she has been so engaged and

that the service, training, or education has been so honorably

terminated.

(d) A community association manager or , community

association management firm that or supervising community

association manager who notifies the Department, in a manner

writing on forms prescribed by the Department, may place the

his, her, or its license on inactive status for a period not to

exceed 2 years and shall be excused from the payment of renewal

fees until the person notifies the Department in writing of

the intention to resume active practice.

(e) A community association manager, community association

management firm, or supervising community association manager

requesting that the his, her, or its license be changed from

inactive to active status shall be required to pay the current

renewal fee and shall also demonstrate compliance with the

continuing education requirements.

(f) No Any licensee with a nonrenewed or on inactive

license status or community association management firm

operation without a designated community association manager

shall not provide community association management services as

set forth in this Act.

(g) Any person violating subsection (f) of this Section

shall be considered to be practicing without a license and

will be subject to the disciplinary provisions of this Act.

(h) The Department shall not renew a license if the

licensee has an unpaid fine from a disciplinary matter or an

unpaid fee from a non-disciplinary action imposed by the

Department until the fine or fee is paid to the Department or

the licensee has entered into a payment plan and is current on

the required payments.

(i) The Department shall not issue a license if the

applicant has an unpaid fine imposed by the Department for

unlicensed practice until the fine is paid to the Department

or the applicant has entered into a payment plan and is current

on the required payments.

(Source: P.A. 98-365, eff. 1-1-14.)

(225 ILCS 427/65)

(Section scheduled to be repealed on January 1, 2022)

Sec. 65. Fees; Community Association Manager Licensing and

Disciplinary Fund.

(a) The fees for the administration and enforcement of

this Act, including, but not limited to, initial licensure,

renewal, and restoration, shall be set by rule of the

Department. The fees shall be nonrefundable.

(b) In addition to the application fee, applicants for the

examination are required to pay, either to the Department or

the designated testing service, a fee covering the cost of

determining an applicant's eligibility and providing the

examination. Failure to appear for the examination on the

scheduled date, at the time and place specified, after the

applicant's application and fee for examination have been

received and acknowledged by the Department or the designated

testing service, shall result in the forfeiture of the fee.

(c) All fees, fines, penalties, or other monies received

or collected pursuant to this Act shall be deposited in the

Community Association Manager Licensing and Disciplinary Fund.

(d) Moneys in the Community Association Manager Licensing

and Disciplinary Fund may be transferred to the Professions

Indirect Cost Fund, as authorized under Section 2105-300 of

the Department of Professional Regulation Law of the Civil

Administrative Code of Illinois.

(Source: P.A. 97-1021, eff. 8-17-12; 98-365, eff. 1-1-14.)

(225 ILCS 427/70)

(Section scheduled to be repealed on January 1, 2022)

Sec. 70. Penalty for insufficient funds; payments. Any

person who:

(1) delivers a check or other payment to the

Department that is returned to the Department unpaid by

the financial institution upon which it is drawn; or

(2) presents a credit or debit card for payment that

is invalid or expired or against which charges by the

Department are declined or dishonored;

shall pay to the Department, in addition to the amount already

owed to the Department, a fine of $50. The Department shall

notify the person that payment of fees and fines shall be paid

to the Department by certified check or money order within 30

calendar days after notification. If, after the expiration of

30 days from the date of the notification, the person has

failed to submit the necessary remittance, the Department

shall automatically terminate the license or deny the

application, without hearing. After If, after termination or

denial, the person seeking seeks a license, he, she, or it

shall apply to the Department for restoration or issuance of

the license and pay all fees and fines due to the Department.

The Department may establish a fee for the processing of an

application for restoration of a license to pay all expenses

of processing this application. The Secretary may waive the

fines due under this Section in individual cases where the

Secretary finds that the fines would be unreasonable or

unnecessarily burdensome.

(Source: P.A. 98-365, eff. 1-1-14.)

(225 ILCS 427/75)

(Section scheduled to be repealed on January 1, 2022)

Sec. 75. Endorsement. The Department may issue a

community association manager or supervising community

association manager license, without the required examination,

to an applicant licensed under the laws of another state if the

requirements for licensure in that state are, on the date of

licensure, substantially equal to the requirements of this Act

or to a person who, at the time of his or her application for

licensure, possessed individual qualifications that were

substantially equivalent to the requirements then in force in

this State. An applicant under this Section shall pay all of

the required fees.

All applicants under this Act Applicants have 3 years from

the date of application to complete the application process.

If the process has not been completed within the 3 years, the

application shall be denied, the fee shall be forfeited, and

the applicant must reapply and meet the requirements in effect

at the time of reapplication.

(Source: P.A. 98-365, eff. 1-1-14.)

(225 ILCS 427/85)

(Section scheduled to be repealed on January 1, 2022)

Sec. 85. Grounds for discipline; refusal, revocation, or

suspension.

(a) The Department may refuse to issue or renew a license,

or may place on probation, reprimand, suspend, or revoke any

license, or take any other disciplinary or non-disciplinary

action as the Department may deem proper and impose a fine not

to exceed $10,000 for each violation upon any licensee or

applicant under this Act or any person or entity who holds

oneself himself, herself, or itself out as an applicant or

licensee for any one or combination of the following causes:

(1) Material misstatement in furnishing information to

the Department.

(2) Violations of this Act or its rules.

(3) Conviction of or entry of a plea of guilty or plea

of nolo contendere, as set forth in subsection (f) of

Section 40, to (i) a felony or a misdemeanor under the laws

of the United States, any state, or any other jurisdiction

or entry of an administrative sanction by a government

agency in this State or any other jurisdiction or (ii) a

crime that subjects the licensee to compliance with the

requirements of the Sex Offender Registration Act; or the

entry of an administrative sanction by a government agency

in this State or any other jurisdiction. Action taken

under this paragraph (3) for a misdemeanor or an

administrative sanction is limited to a misdemeanor or

administrative sanction that has as an essential element

dishonesty or fraud, that involves larceny, embezzlement,

or obtaining money, property, or credit by false pretenses

or by means of a confidence game, or that is directly

related to the practice of the profession.

(4) Making any misrepresentation for the purpose of

obtaining a license or violating any provision of this Act

or its rules.

(5) Professional incompetence.

(6) Gross negligence.

(7) Aiding or assisting another person in violating

any provision of this Act or its rules.

(8) Failing, within 30 days, to provide information in

response to a request made by the Department.

(9) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud or harm the public as defined by the rules of the

Department, or violating the rules of professional conduct

adopted by the Department.

(10) Habitual or excessive use or addiction to

alcohol, narcotics, stimulants, or any other chemical

agent or drug that results in the inability to practice

with reasonable judgment, skill, or safety.

(11) Having been disciplined by another state, the

District of Columbia, a territory, a foreign nation, or a

governmental agency authorized to impose discipline if at

least one of the grounds for the discipline is the same or

substantially equivalent of one of the grounds for which a

licensee may be disciplined under this Act. A certified

copy of the record of the action by the other state or

jurisdiction shall be prima facie evidence thereof.

(12) Directly or indirectly giving to or receiving

from any person, firm, corporation, partnership or

association any fee, commission, rebate, or other form of

compensation for any professional services not actually or

personally rendered.

(13) A finding by the Department that the licensee,

after having the his, her, or its license placed on

probationary status, has violated the terms of probation.

(14) Willfully making or filing false records or

reports relating to a licensee's practice, including but

not limited to false records filed with any State or

federal agencies or departments.

(15) Being named as a perpetrator in an indicated

report by the Department of Children and Family Services

under the Abused and Neglected Child Reporting Act and

upon proof by clear and convincing evidence that the

licensee has caused a child to be an abused child or

neglected child as defined in the Abused and Neglected

Child Reporting Act.

(16) Physical illness or mental illness or impairment,

including, but not limited to, deterioration through the

aging process or loss of motor skill that results in the

inability to practice the profession with reasonable

judgment, skill, or safety.

(17) Solicitation of professional services by using

false or misleading advertising.

(18) A finding that licensure has been applied for or

obtained by fraudulent means.

(19) Practicing or attempting to practice under a name

other than the full name as shown on the license or any

other legally authorized name unless approved by the

Department.

(20) Gross overcharging for professional services

including, but not limited to, (i) collection of fees or

moneys for services that are not rendered; and (ii)

charging for services that are not in accordance with the

contract between the licensee and the community

association.

(21) Improper commingling of personal and client funds

in violation of this Act or any rules promulgated thereto.

(22) Failing to account for or remit any moneys or

documents coming into the licensee's possession that

belong to another person or entity.

(23) Giving differential treatment to a person that is

to that person's detriment on the basis because of race,

color, creed, sex, ancestry, age, order of protection

status, marital status, physical or mental disability,

military status, unfavorable discharge from military

status, sexual orientation, pregnancy, religion, or

national origin.

(24) Performing and charging for services without

reasonable authorization to do so from the person or

entity for whom service is being provided.

(25) Failing to make available to the Department, upon

request, any books, records, or forms required by this

Act.

(26) Purporting to be a designated supervising

community association manager of a firm without active

participation in the firm and having been designated as

such.

(27) Failing to make available to the Department at

the time of the request any indicia of licensure or

registration issued under this Act.

(28) Failing to maintain and deposit funds belonging

to a community association in accordance with subsection

(b) of Section 55 of this Act.

(29) Violating the terms of a disciplinary order

issued by the Department.

(30) Operating a community association management firm

without a designated community association manager who

holds an active community association manager license.

(31) For a designated community association manager,

failing to meet the requirements for acting as a

designated community association manager.

(32) Failing to disclose to a community association

any compensation received by a licensee from a third party

in connection with or related to a transaction entered

into by the licensee on behalf of the community

association.

(33) Failing to disclose to a community association,

at the time of making the referral, that a licensee (A) has

greater than a 1% ownership interest in a third party to

which it refers the community association; or (B) receives

or may receive dividends or other profit sharing

distributions from a third party, other than a publicly

held or traded company, to which it refers the community

association.

(b) (Blank).

(c) The determination by a circuit court that a licensee

is subject to involuntary admission or judicial admission, as

provided in the Mental Health and Developmental Disabilities

Code, operates as an automatic suspension. The suspension will

terminate only upon a finding by a court that the patient is no

longer subject to involuntary admission or judicial admission

and the issuance of an order so finding and discharging the

patient, and upon the recommendation of the Board to the

Secretary that the licensee be allowed to resume his or her

practice as a licensed community association manager.

(d) In accordance with subsection (g) of Section 2105-15

of the Department of Professional Regulation Law of the Civil

Administrative Code of Illinois (20 ILCS 2105/2105-15), the

Department may refuse to issue or renew or may suspend the

license of any person who fails to file a return, to pay the

tax, penalty, or interest shown in a filed return, or to pay

any final assessment of tax, penalty, or interest, as required

by any tax Act administered by the Department of Revenue,

until such time as the requirements of that tax Act are

satisfied.

(e) In accordance with subdivision (a)(5) of Section

2105-15 of the Department of Professional Regulation Law of

the Civil Administrative Code of Illinois (20 ILCS

2105/2105-15) and in cases where the Department of Healthcare

and Family Services (formerly Department of Public Aid) has

previously determined that a licensee or a potential licensee

is more than 30 days delinquent in the payment of child support

and has subsequently certified the delinquency to the

Department, the Department may refuse to issue or renew or may

revoke or suspend that person's license or may take other

disciplinary action against that person based solely upon the

certification of delinquency made by the Department of

Healthcare and Family Services.

(f) (Blank). In enforcing this Section, the Department or

Board upon a showing of a possible violation may compel a

licensee or an individual licensed to practice under this Act,

or who has applied for licensure under this Act, to submit to a

mental or physical examination, or both, as required by and at

the expense of the Department. The Department or Board may

order the examining physician to present testimony concerning

the mental or physical examination of the licensee or

applicant. No information shall be excluded by reason of any

common law or statutory privilege relating to communications

between the licensee or applicant and the examining physician.

The examining physicians shall be specifically designated by

the Board or Department. The individual to be examined may

have, at his or her own expense, another physician of his or

her choice present during all aspects of this examination.

Failure of an individual to submit to a mental or physical

examination, when directed, shall be grounds for suspension of

his or her license or denial of his or her application or

renewal until the individual submits to the examination if the

Department finds, after notice and hearing, that the refusal

to submit to the examination was without reasonable cause.

If the Department or Board finds an individual unable to

practice because of the reasons set forth in this Section, the

Department or Board may require that individual to submit to

care, counseling, or treatment by physicians approved or

designated by the Department or Board, as a condition, term,

or restriction for continued, reinstated, or renewed licensure

to practice; or, in lieu of care, counseling, or treatment,

the Department may file, or the Board may recommend to the

Department to file, a complaint to immediately suspend,

revoke, deny, or otherwise discipline the license of the

individual. An individual whose license was granted,

continued, reinstated, renewed, disciplined or supervised

subject to such terms, conditions, or restrictions, and who

fails to comply with such terms, conditions, or restrictions,

shall be referred to the Secretary for a determination as to

whether the individual shall have his or her license suspended

immediately, pending a hearing by the Department.

In instances in which the Secretary immediately suspends a

person's license under this Section, a hearing on that

person's license must be convened by the Department within 30

days after the suspension and completed without appreciable

delay. The Department and Board shall have the authority to

review the subject individual's record of treatment and

counseling regarding the impairment to the extent permitted by

applicable federal statutes and regulations safeguarding the

confidentiality of medical records.

An individual licensed under this Act and affected under

this Section shall be afforded an opportunity to demonstrate

to the Department or Board that he or she can resume practice

in compliance with acceptable and prevailing standards under

the provisions of his or her license.

(Source: P.A. 100-872, eff. 8-14-18.)

(225 ILCS 427/85.1 new)

Sec. 85.1. Citations.

(a) The Department may adopt rules to permit the issuance

of citations to any licensee for failure to comply with the

continuing education requirements set forth in this Act or as

established by rule. The citation shall be issued to the

licensee and a copy sent to the licensee's designated

community association manager, and shall contain the

licensee's name, the licensee's address, the licensee's

license number, the number of required hours of continuing

education that have not been successfully completed by the

licensee within the renewal period, and the penalty imposed,

which shall not exceed $2,000. The issuance of any such

citation shall not excuse the licensee from completing all

continuing education required for that renewal period.

(b) Service of a citation shall be made in person,

electronically, or by mail to the licensee at the licensee's

address of record or email address of record, and the citation

must clearly state that if the cited licensee wishes to

dispute the citation, the cited licensee may make a written

request, within 30 days after the citation is served, for a

hearing before the Department. If the cited licensee does not

request a hearing within 30 days after the citation is served,

then the citation shall become a final, non-disciplinary

order, and any fine imposed is due and payable within 60 days

after that final order. If the cited licensee requests a

hearing within 30 days after the citation is served, the

Department shall afford the cited licensee a hearing conducted

in the same manner as a hearing provided for in this Act for

any violation of this Act and shall determine whether the

cited licensee committed the violation as charged and whether

the fine as levied is warranted. If the violation is found, any

fine shall constitute non-public discipline and be due and

payable within 30 days after the order of the Secretary, which

shall constitute a final order of the Department. No change in

license status may be made by the Department until a final

order of the Department has been issued.

(c) Payment of a fine that has been assessed pursuant to

this Section shall not constitute disciplinary action

reportable on the Department's website or elsewhere unless a

licensee has previously received 2 or more citations and been

assessed 2 or more fines.

(d) Nothing in this Section shall prohibit or limit the

Department from taking further action pursuant to this Act and

rules for additional, repeated, or continuing violations.

(225 ILCS 427/86 new)

Sec. 86. Illegal discrimination. When there has been an

adjudication in a civil or criminal proceeding that a

community association manager or community association

management firm has illegally discriminated while engaged in

any activity for which a license is required under this Act,

the Department, upon the recommendation of the Board as to the

extent of the suspension or revocation, shall suspend or

revoke the license of that licensee in a timely manner, unless

the adjudication is in the appeal process. When there has been

an order in an administrative proceeding finding that a

licensee has illegally discriminated while engaged in any

activity for which a license is required under this Act, the

Department, upon recommendation of the Board as to the nature

and extent of the discipline, shall take one or more of the

disciplinary actions provided for in Section 85 in a timely

manner, unless the administrative order is in the appeal

process.

(225 ILCS 427/90)

(Section scheduled to be repealed on January 1, 2022)

Sec. 90. Violations; injunctions; cease and desist orders.

(a) If any person violates a provision of this Act, the

Secretary may, in the name of the People of the State of

Illinois, through the Attorney General of the State of

Illinois, petition for an order enjoining the violation or for

an order enforcing compliance with this Act. Upon the filing

of a verified petition in court, the court may issue a

temporary restraining order, without notice or bond, and may

preliminarily and permanently enjoin the violation. If it is

established that the person has violated or is violating the

injunction, the Court may punish the offender for contempt of

court. Proceedings under this Section are in addition to, and

not in lieu of, all other remedies and penalties provided by

this Act.

(b) If any person provides , entity or other business may

provide community association management services or provides

provide services as a community association manager to any

community association in this State without having a valid

license under this Act or, in the case of a community

association management firm, without a designated community

association manager, then any licensee, any interested party,

or any person injured thereby may, in addition to the

Secretary, petition for relief as provided in subsection (a)

of this Section.

(c) Whenever in the opinion of the Department any person,

entity or other business violates any provision of this Act,

the Department may issue a rule to show cause why an order to

cease and desist should not be entered against such person,

firm or other entity. The rule shall clearly set forth the

grounds relied upon by the Department and shall provide a

period of at least 7 days from the date of the rule to file an

answer to the satisfaction of the Department. If the person,

firm or other entity fails to file an answer satisfactory to

the Department, the matter shall be considered as a default

and the Department may cause an order to cease and desist to be

issued immediately.

(Source: P.A. 96-726, eff. 7-1-10.)

(225 ILCS 427/92)

(Section scheduled to be repealed on January 1, 2022)

Sec. 92. Unlicensed practice; violation; civil penalty.

(a) Any person, entity or other business who practices,

offers to practice, attempts to practice, or holds oneself

himself, herself or itself out to practice as a community

association manager or community association management firm

or provides provide services as a community association

manager or community association management firm to any

community association in this State without being licensed

under this Act or, in the case of a community association

management firm, without a designated community association

manager shall, in addition to any other penalty provided by

law, pay a civil penalty to the Department in an amount not to

exceed $10,000 for each offense, as determined by the

Department. The civil penalty shall be assessed by the

Department after a hearing is held in accordance with the

provisions set forth in this Act regarding the provision of a

hearing for the discipline of a licensee.

(b) The Department may investigate any and all unlicensed

activity.

(c) The civil penalty shall be paid within 60 days after

the effective date of the order imposing the civil penalty.

The order shall constitute a judgment and may be filed and

execution had thereon in the same manner as any judgment from

any court of record.

(Source: P.A. 98-365, eff. 1-1-14.)

(225 ILCS 427/95)

(Section scheduled to be repealed on January 1, 2022)

Sec. 95. Investigation; notice and hearing. The

Department may investigate the actions or qualifications of a

person, entity or other business applying for, holding or

claiming to hold, or holding oneself out as having a license or

rendering or offering to render services for which a license

is required by this Act and may notify their designated

community association manager, if any, of the pending

investigation. Before suspending, revoking, placing on

probationary status, or taking any other disciplinary action

as the Department may deem proper with regard to any license,

at least 30 days before the date set for the hearing, the

Department shall (i) notify the accused and their designated

community association manager, if any, in writing of any

charges made and the time and place for a hearing on the

charges before the Board, (ii) direct the accused individual

or entity to file a written answer to the charges with the

Board under oath within 20 days after the service on the

accused him or her of such notice, and (iii) inform the accused

person, entity or other business that if the accused the

person, entity, or other business fails to file an answer,

default will be taken against the accused such person, entity,

or other business and the license of the accused such person,

entity, or other business may be suspended, revoked, placed on

probationary status, or other disciplinary action taken with

regard to the license, including limiting the scope, nature,

or extent of related his or her practice, as the Department may

deem proper. The Department shall serve notice under this

Section by regular or electronic Written notice may be served

by personal delivery or by registered or certified mail to the

applicant's or licensee's applicant or licensee at his or her

last address of record or email address of record as provided

to with the Department. If the accused In case the person fails

to file an answer after receiving notice, the his or her

license may, in the discretion of the Department, be

suspended, revoked, or placed on probationary status, or the

Department may take whatever disciplinary action deemed

proper, including limiting the scope, nature, or extent of the

person's practice or the imposition of a fine, without a

hearing, if the act or acts charged constitute sufficient

grounds for such action under this Act. The written answer

shall be served by personal delivery or regular , certified

delivery, or certified or registered mail to the Department.

At the time and place fixed in the notice, the Department shall

proceed to hear the charges and the parties or their counsel

shall be accorded ample opportunity to present such

statements, testimony, evidence, and argument as may be

pertinent to the charges or to the defense thereto. The

Department may continue such hearing from time to time. At the

discretion of the Secretary after having first received the

recommendation of the Board, the accused person's license may

be suspended, or revoked, or placed on probationary status or

the Department may take whatever disciplinary action

considered proper, including limiting the scope, nature, or

extent of the person's practice or the imposition of a fine if

the act or acts charged constitute sufficient grounds for that

action under this Act. A copy of the Department's final order

shall be delivered to the accused's designated community

association manager or, if the accused is directly employed by

a community association, to the board of managers of that

association if known to the Department , if the evidence

constitutes sufficient grounds for such action under this Act.

(Source: P.A. 96-726, eff. 7-1-10; 97-333, eff. 8-12-11.)

(225 ILCS 427/115)

(Section scheduled to be repealed on January 1, 2022)

Sec. 115. Rehearing. At the conclusion of a hearing and

following deliberation by the Board, a copy of the Board's

report shall be served upon the applicant, licensee, or

unlicensed person by the Department, either personally or as

provided in this Act for the service of a notice of hearing. In

any hearing involving disciplinary action against a licensee,

a copy of the Board's report shall be served upon the

respondent by the Department, either personally or as provided

in this Act for the service of the notice of hearing. Within 20

calendar days after service, the respondent may present to the

Department a motion in writing for a rehearing that shall

specify the particular grounds for rehearing. If no motion for

rehearing is filed, then upon the expiration of the time

specified for filing a motion, or if a motion for rehearing is

denied, then upon denial, the Secretary may enter an order in

accordance with recommendations of the Board, except as

provided in this Act. If the respondent orders from the

reporting service, and pays for, a transcript of the record

within the time for filing a motion for rehearing, the 20

calendar day period within which a motion may be filed shall

commence upon the delivery of the transcript to the

respondent.

(Source: P.A. 96-726, eff. 7-1-10.)

(225 ILCS 427/120)

(Section scheduled to be repealed on January 1, 2022)

Sec. 120. Appointment of a hearing officer. The Secretary

has the authority to appoint any attorney duly licensed to

practice law in the State of Illinois to serve as the hearing

officer in any action for refusal to issue or renew a license,

or to discipline a licensee. The hearing officer has full

authority to conduct the hearing. The hearing officer shall

report the his findings and recommendations to the Board and

the Secretary. At its next meeting following The Board has 60

calendar days from receipt of the report, the Board shall to

review the report of the hearing officer and present its

findings of fact, conclusions of law, and recommendations to

the Secretary.

If the Board fails to present its report within 30

calendar days following its next meeting after receiving the

report within the 60 calendar day period, the respondent may

request in writing a direct appeal to the Secretary, in which

case the Secretary shall, within 7 calendar days after the

request, issue an order directing the Board to issue its

findings of fact, conclusions of law, and recommendations to

the Secretary within 30 calendar days after such order.

If the Board fails to issue its findings of fact,

conclusions of law, and recommendations within that time frame

to the Secretary after the entry of such order, the Secretary

shall, within 30 calendar days thereafter, issue an order

based upon the report of the hearing officer and the record of

the proceedings or issue an order remanding the matter back to

the hearing officer for additional proceedings in accordance

with the order.

If (i) a direct appeal is requested, (ii) the Board fails

to issue its findings of fact, conclusions of law, and

recommendations within the 30-day mandate from the Secretary

or the Secretary fails to order the Board to do so, and (iii)

the Secretary fails to issue an order within 30 calendar days

thereafter, then the hearing officer's report is deemed

accepted and a final decision of the Secretary.

Notwithstanding any other provision of this Section, if

the Secretary, upon review, determines that substantial

justice has not been done in the revocation, suspension, or

refusal to issue or renew a license or other disciplinary

action taken as the result of the entry of the hearing

officer's report, the Secretary may order a rehearing by the

same or other examiners. If the Secretary disagrees with the

recommendation of the Board or the hearing officer, the

Secretary may issue an order in contravention of either

recommendation.

(Source: P.A. 96-726, eff. 7-1-10.)

(225 ILCS 427/140)

(Section scheduled to be repealed on January 1, 2022)

Sec. 140. Summary suspension. The Secretary may summarily

suspend a license without a hearing, simultaneously with the

institution of proceedings for a hearing provided for in this

Act, if the Secretary finds that evidence indicating in his or

her possession indicates that a continuation in practice would

constitute an imminent danger to the public. In the event that

the Secretary summarily suspends a license without a hearing,

a hearing by the Department must be held within 30 calendar

days after the suspension has occurred.

(Source: P.A. 96-726, eff. 7-1-10.)

(225 ILCS 427/145)

(Section scheduled to be repealed on January 1, 2022)

Sec. 145. Judicial review. All final administrative

decisions of the Department are subject to judicial review

under the Administrative Review Law and its rules. The term

"administrative decision" is defined as in Section 3-101 of

the Code of Civil Procedure. Proceedings for judicial review

shall be commenced in the circuit court of the county in which

the party applying for review resides; but if the party is not

a resident of this State, the venue shall be in Sangamon County

or Cook County.

(Source: P.A. 96-726, eff. 7-1-10.)

(225 ILCS 427/155)

(Section scheduled to be repealed on January 1, 2022)

Sec. 155. Violations; penalties.

(a) A person who violates any of the following provisions

shall be guilty of a Class A misdemeanor; a person who commits

a second or subsequent violation of these provisions is guilty

of a Class 4 felony:

(1) Practicing or attempting to The practice of or

attempted practice of or holding oneself out as available

to practice as a community association manager or

supervising community association manager without a

license.

(2) Operating or attempting Operation of or attempt to

operate a community association management firm without a

firm license or a designated supervising community

association manager.

(3) Obtaining or attempting The obtaining of or the

attempt to obtain any license or authorization issued

under this Act by fraudulent misrepresentation.

(b) Whenever a licensee is convicted of a felony related

to the violations set forth in this Section, the clerk of the

court in any jurisdiction shall promptly report the conviction

to the Department and the Department shall immediately revoke

any license authorized under this Act held by that licensee.

The licensee shall not be eligible for licensure under this

Act until at least 5 years have elapsed since a felony

conviction or 3 years since release from confinement for the

conviction, whichever is later, without a subsequent 10 years

have elapsed since the time of full discharge from any

sentence imposed for a felony conviction. If any person in

making any oath or affidavit required by this Act swears

falsely, the person is guilty of perjury and may be punished

accordingly.

(Source: P.A. 98-365, eff. 1-1-14; 99-78, eff. 7-20-15.)

(225 ILCS 427/161 new)

Sec. 161. Statute of limitations. No action may be taken

under this Act against a person or entity licensed under this

Act unless the action is commenced within 5 years after the

occurrence of the alleged violation. A continuing violation is

deemed to have occurred on the date when the circumstances

last existed that gave rise to the alleged continuing

violation.

(225 ILCS 427/162 new)

Sec. 162. No private right of action. Except as otherwise

expressly provided for in this Act, nothing in this Act shall

be construed to grant to any person a private right of action

to enforce the provisions of this Act or the rules adopted

under this Act.

(225 ILCS 427/165)

(Section scheduled to be repealed on January 1, 2022)

Sec. 165. Home rule. The regulation and licensing of

community association managers, supervising community

association managers, and community association management

firms are exclusive powers and functions of the State. A home

rule unit may not regulate or license community association

managers, supervising community association managers, or

community association management firms. This Section is a

denial and limitation of home rule powers and functions under

subsection (h) of Section 6 of Article VII of the Illinois

Constitution.

(Source: P.A. 98-365, eff. 1-1-14.)

(225 ILCS 427/42 rep.)

(225 ILCS 427/80 rep.)

(225 ILCS 427/135 rep.)

(225 ILCS 427/170 rep.)

Section 55. The Community Association Manager Licensing

and Disciplinary Act is amended by repealing Sections 42, 80,

135, and 170.

Section 60. The Detection of Deception Examiners Act is

amended by changing Sections 1, 7.1, 7.3, 17, and 20 and by

adding Section 10.2 as follows:

(225 ILCS 430/1) (from Ch. 111, par. 2401)

(Section scheduled to be repealed on January 1, 2022)

Sec. 1. Definitions. As used in this Act, unless the

context otherwise requires:

"Address of record Record" means the designated address

recorded by the Department in the applicant's or licensee's

application file or license file as maintained by the

Department's licensure maintenance unit. It is the duty of the

applicant or licensee to inform the Department of any change

of address and those changes must be made either through the

Department's website or by contacting the Department.

"Detection of Deception Examination", hereinafter referred

to as "Examination" means any examination in which a device or

instrument is used to test or question individuals for the

purpose of evaluating truthfulness or untruthfulness.

"Email address of record" means the designated email

address recorded by the Department in the applicant's

application file or the licensee's license file, as maintained

by the Department's licensure maintenance unit.

"Examiner" means any person licensed under this Act.

"Person" includes any natural person, partnership,

association, corporation or trust.

"Department" means the Department of Financial and

Professional Regulation.

"Law enforcement agency" means an agency of the State or a

unit of local government that is vested by law or ordinance

with the power to maintain public order and to enforce

criminal laws and ordinances.

"Secretary" means the Secretary of Financial and

Professional Regulation.

(Source: P.A. 97-168, eff. 7-22-11.)

(225 ILCS 430/7.1) (from Ch. 111, par. 2408)

(Section scheduled to be repealed on January 1, 2022)

Sec. 7.1. Administrative Procedure Act. The Illinois

Administrative Procedure Act is hereby expressly adopted and

incorporated herein as if all of the provisions of that Act

were included in this Act, except that the provision of

subsection (d) of Section 10-65 of the Illinois Administrative

Procedure Act that provides that at hearings the licensee has

the right to show compliance with all lawful requirements for

retention, continuation, or renewal of the license is

specifically excluded. For the purposes of this Act, the

notice required under Section 10-25 of the Illinois

Administrative Procedure Act is deemed sufficient when mailed

or emailed to the last known address of a party.

(Source: P.A. 100-201, eff. 8-18-17.)

(225 ILCS 430/7.3)

(Section scheduled to be repealed on January 1, 2022)

Sec. 7.3. Appointment of a Hearing Officer. The Secretary

has the authority to appoint an attorney, licensed to practice

law in the State of Illinois, to serve as a Hearing Officer in

any action for refusal to issue or renew a license or to

discipline a license. The Hearing Officer has full authority

to conduct the hearing. The appointed Detection of Deception

Coordinator may attend hearings and advise the Hearing Officer

on technical matters involving Detection of Deception

examinations.

(Source: P.A. 97-168, eff. 7-22-11.)

(225 ILCS 430/10.2 new)

Sec. 10.2. Address of record; email address of record.

All applicants and licensees shall:

(1) provide a valid address and email address to the

Department, which shall serve as the address of record and

email address of record, respectively, at the time of

application for licensure or renewal of a license; and

(2) inform the Department of any change of address of

record or email address of record within 14 days after

such change either through the Department's website or by

contacting the Department's licensure maintenance unit.

(225 ILCS 430/17) (from Ch. 111, par. 2418)

(Section scheduled to be repealed on January 1, 2022)

Sec. 17. Investigations; notice and hearing. The

Department may investigate the actions of any applicant or any

person or persons rendering or offering to render detection of

deception services or any person holding or claiming to hold a

license as a licensed examiner. The Department shall, before

refusing to issue or renew a license or to discipline a

licensee under Section 14, at least 30 days prior to the date

set for the hearing, (i) notify the accused in writing of the

charges made and the time and place for the hearing on the

charges, (ii) direct him or her to file a written answer with

the Department under oath within 20 days after the service of

the notice, and (iii) inform the applicant or licensee that

failure to file an answer will result in default being taken

against the applicant or licensee. At the time and place fixed

in the notice, the Department shall proceed to hear the

charges and the parties or their counsel shall be accorded

ample opportunity to present any pertinent statements,

testimony, evidence, and arguments. The Department may

continue the hearing from time to time. In case the person,

after receiving the notice, fails to file an answer, his or her

license, may, in the discretion of the Department, be revoked,

suspended, placed on probationary status, or the Department

may take whatever disciplinary action considered proper,

including limiting the scope, nature, or extent of the

person's practice or the imposition of a fine, without a

hearing, if the act or acts charged constitute sufficient

grounds for that action under the Act. The written notice may

be served by email, by personal delivery, or by certified mail

to the accused's address of record.

(Source: P.A. 97-168, eff. 7-22-11.)

(225 ILCS 430/20) (from Ch. 111, par. 2421)

(Section scheduled to be repealed on January 1, 2022)

Sec. 20. Any person affected by a final administrative

decision of the Department may have such decision reviewed

judicially by the circuit court of the county wherein such

person resides. If the plaintiff in the review proceeding is

not a resident of this State, the venue shall be in Sangamon

County. The provisions of the Administrative Review Law, and

all amendments and modifications thereof, and the rules

adopted pursuant thereto, shall apply to and govern all

proceedings for the judicial review of final administrative

decisions of the Department hereunder. The term

"administrative decision" is defined as in Section 3-101 of

the Code of Civil Procedure.

The Department shall not be required to certify any record

to the court or file any answer in court or otherwise appear in

any court in a judicial Judicial review proceeding, unless and

until the Department has received from the plaintiff payment

of the costs of furnishing and certifying the record which

costs shall be determined by the Department. Exhibits shall be

certified without cost. Failure on the part of the plaintiff

to file a receipt in court is grounds for dismissal of the

action.

(Source: P.A. 97-168, eff. 7-22-11.)

(225 ILCS 430/7.2 rep.)

(225 ILCS 430/16 rep.)

Section 65. The Detection of Deception Examiners Act is

amended by repealing Sections 7.2 and 16.

Section 70. The Home Inspector License Act is amended by

changing Sections 1-10, 5-5, 5-10, 5-12, 5-16, 5-17, 5-20,

5-25, 5-30, 10-10, 15-10, 15-15, 15-20, 15-55, 15-60, 20-5,

25-15, and 25-27 and by adding Sections 1-12, 5-50, 15-10.1,

and 15-36 as follows:

(225 ILCS 441/1-10)

(Section scheduled to be repealed on January 1, 2022)

Sec. 1-10. Definitions. As used in this Act, unless the

context otherwise requires:

"Address of record" means the designated street address,

which may not be a post office box, recorded by the Department

in the applicant's or licensee's application file or license

file as maintained by the Department's licensure maintenance

unit. It is the duty of the applicant or licensee to inform the

Department of any change of address and those changes must be

made either through the Department's website or by contacting

the Department.

"Applicant" means a person who applies to the Department

for a license under this Act.

"Client" means a person who engages or seeks to engage the

services of a home inspector for an inspection assignment.

"Department" means the Department of Financial and

Professional Regulation.

"Email address of record" means the designated email

address recorded by the Department in the applicant's

application file or the licensee's license file, as maintained

by the Department.

"Home inspection" means the examination and evaluation of

the exterior and interior components of residential real

property, which includes the inspection of any 2 or more of the

following components of residential real property in

connection with or to facilitate the sale, lease, or other

conveyance of, or the proposed sale, lease or other conveyance

of, residential real property:

(1) heating, ventilation, and air conditioning system;

(2) plumbing system;

(3) electrical system;

(4) structural composition;

(5) foundation;

(6) roof;

(7) masonry structure; or

(8) any other residential real property component as

established by rule.

"Home inspector" means a person or entity who, for another

and for compensation either direct or indirect, performs home

inspections.

"Home inspection report" or "inspection report" means a

written evaluation prepared and issued by a home inspector

upon completion of a home inspection, which meets the

standards of practice as established by the Department.

"Inspection assignment" means an engagement for which a

home inspector is employed or retained to conduct a home

inspection and prepare a home inspection report.

"License" means the privilege conferred by the Department

to a person who has fulfilled all requirements prerequisite to

any type of licensure under this Act.

"Licensee" means a home inspector, home inspector entity,

or home inspector education provider.

"Person" means individuals, entities, corporations,

limited liability companies, registered limited liability

partnerships, and partnerships, foreign or domestic, except

that when the context otherwise requires, the term may refer

to a single individual or other described entity.

"Residential real property" means real property that is

used or intended to be used as a residence by one or more

individuals.

"Secretary" means the Secretary of Financial and

Professional Regulation or the Secretary's designee.

"Standards of practice" means recognized standards and

codes to be used in a home inspection, as determined by the

Department and established by rule.

(Source: P.A. 97-226, eff. 7-28-11.)

(225 ILCS 441/1-12 new)

Sec. 1-12. Address of record; email address of record. All

applicants and licensees shall:

(1) provide a valid address and email address to the

Department, which shall serve as the address of record and

email address of record, respectively, at the time of

application for licensure or renewal of a license; and

(2) inform the Department of any change of address of

record or email address of record within 14 days after

such change through the Department's website or by

contacting the Department.

(225 ILCS 441/5-5)

(Section scheduled to be repealed on January 1, 2022)

Sec. 5-5. Necessity of license; use of title; exemptions.

(a) It is unlawful for any person, including any entity,

to act or assume to act as a home inspector, to engage in the

business of home inspection, to develop a home inspection

report, to practice as a home inspector, or to advertise or

hold oneself himself, herself, or itself out to be a home

inspector without a home inspector license issued under this

Act. A person who violates this subsection is guilty of a Class

A misdemeanor for the first offense and a Class 4 felony for

the second and any subsequent offenses.

(b) It is unlawful for any person, other than a person who

holds a valid home inspector license issued pursuant to this

Act, to use the title "home inspector" or any other title,

designation, or abbreviation likely to create the impression

that the person is licensed as a home inspector pursuant to

this Act. A person who violates this subsection is guilty of a

Class A misdemeanor.

(c) The licensing requirements of this Article do not

apply to:

(1) any person who is employed as a code enforcement

official by the State of Illinois or any unit of local

government, while acting within the scope of that

government employment;

(2) any person licensed in this State by any other law

who is engaging in the profession or occupation for which

the person is licensed by the State of Illinois while

acting within the scope of his or her license; or

(3) any person engaged by the owner or lessor of

residential real property for the purpose of preparing a

bid or estimate as to the work necessary or the costs

associated with performing home construction, home

remodeling, or home repair work on the residential real

property, provided such person does not hold himself or

herself out, or advertise or hold oneself out as himself

or herself, as being engaged in business as a home

inspector.

(d) The licensing of home inspector entities required

under this Act does not apply to an entity whose ownership

structure is one licensed home inspector operating a sole

proprietorship, a single member limited liability company, or

a single shareholder corporation, and that home inspector is

the only licensed home inspector performing inspections on the

entity's behalf. The licensed home inspector who is the sole

proprietor, sole shareholder, or single member of the company

or entity shall comply with all other provisions of this Act.

(Source: P.A. 97-226, eff. 7-28-11.)

(225 ILCS 441/5-10)

(Section scheduled to be repealed on January 1, 2022)

Sec. 5-10. Application for home inspector license.

(a) Every natural person who desires to obtain a home

inspector license shall:

(1) apply to the Department in a manner on forms

prescribed by the Department and accompanied by the

required fee; all applications shall contain the

information that, in the judgment of the Department,

enables the Department to pass on the qualifications of

the applicant for a license to practice as a home

inspector as set by rule;

(2) be at least 18 years of age;

(3) successfully complete a 4-year course of study in

a high school or secondary school or an equivalent course

of study approved by the state in which the school is

located, or possess a high school equivalency certificate,

which shall be verified under oath by the applicant

provide evidence of having attained a high school diploma

or completed an equivalent course of study as determined

by an examination conducted by the Illinois State Board of

Education;

(4) personally take and pass a written examination and

a field an examination authorized by the Department; and

(5) prior to taking the examination, provide evidence

to the Department that the applicant he or she has

successfully completed the prerequisite classroom hours of

instruction in home inspection, as established by rule.

(b) The Department shall not require applicants to report

the following information and shall not consider the following

criminal history records in connection with an application for

licensure or registration:

(1) juvenile adjudications of delinquent minors as

defined in Section 5-105 of the Juvenile Court Act of 1987

subject to the restrictions set forth in Section 5-130 of

that Act;

(2) law enforcement records, court records, and

conviction records of an individual who was 17 years old

at the time of the offense and before January 1, 2014,

unless the nature of the offense required the individual

to be tried as an adult;

(3) records of arrest not followed by a charge or

conviction;

(4) records of arrest where the charges were dismissed

unless related to the practice of the profession; however,

applicants shall not be asked to report any arrests, and

an arrest not followed by a conviction shall not be the

basis of denial and may be used only to assess an

applicant's rehabilitation;

(5) convictions overturned by a higher court; or

(6) convictions or arrests that have been sealed or

expunged.

(c) An applicant or licensee shall report to the

Department, in a manner prescribed by the Department, upon

application and within 30 days after the occurrence, if during

the term of licensure, (i) any conviction of or plea of guilty

or nolo contendere to forgery, embezzlement, obtaining money

under false pretenses, larceny, extortion, conspiracy to

defraud, or any similar offense or offenses or any conviction

of a felony involving moral turpitude, (ii) the entry of an

administrative sanction by a government agency in this State

or any other jurisdiction that has as an essential element

dishonesty or fraud or involves larceny, embezzlement, or

obtaining money, property, or credit by false pretenses, or

(iii) a crime that subjects the licensee to compliance with

the requirements of the Sex Offender Registration Act.

(d) Applicants have 3 years after the date of the

application to complete the application process. If the

process has not been completed within 3 years, the application

shall be denied, the fee forfeited, and the applicant must

reapply and meet the requirements in effect at the time of

reapplication.

(Source: P.A. 100-892, eff. 8-14-18.)

(225 ILCS 441/5-12)

(Section scheduled to be repealed on January 1, 2022)

Sec. 5-12. Application for home inspector license; entity.

Every entity that is not a natural person that desires to

obtain a home inspector license shall apply to the Department

in a manner prescribed on forms provided by the Department and

accompanied by the required fee.

Applicants have 3 years after the date of the application

to complete the application process. If the process has not

been completed within 3 years, the application shall be

denied, the fee forfeited, and the applicant must reapply and

meet the requirements in effect at the time of reapplication.

A corporation, limited liability company, partnership, or

entity shall, as a condition of licensure, designate a

managing licensed home inspector. The managing home inspector

of any home inspector entity shall be responsible for the

actions of all licensed and unlicensed employees, agents, and

representatives of that home inspector entity while it is

providing a home inspection or home inspection service. All

other requirements for home inspector entities shall be

established by rule.

(Source: P.A. 97-226, eff. 7-28-11.)

(225 ILCS 441/5-16)

(Section scheduled to be repealed on January 1, 2022)

Sec. 5-16. Renewal of license.

(a) The expiration date and renewal period for a home

inspector license issued under this Act shall be set by rule.

Except as otherwise provided in subsections (b) and (c) of

this Section, the holder of a license may renew the license

within 90 days preceding the expiration date by:

(1) completing and submitting to the Department a

renewal application in a manner prescribed form as

provided by the Department;

(2) paying the required fees; and

(3) providing evidence of successful completion of the

continuing education requirements through courses approved

by the Department given by education providers licensed by

the Department, as established by rule.

(b) A home inspector whose license under this Act has

expired may renew the license for a period of 2 years following

the expiration date by complying with the requirements of

subparagraphs (1), (2), and (3) of subsection (a) of this

Section and paying any late penalties established by rule.

(c) Notwithstanding subsection (b), a home inspector whose

license under this Act has expired may renew the license

without paying any lapsed renewal fees or late penalties if

(i) the license expired while the home inspector was on active

duty with the United States Armed Services, (ii) application

for renewal is made within 2 years following the termination

of the military service or related education, training, or

employment, and (iii) the applicant furnishes to the

Department an affidavit that the applicant he or she was so

engaged.

(d) The Department shall provide reasonable care and due

diligence to ensure that each licensee under this Act is

provided a renewal application at least 90 days prior to the

expiration date, but it is the responsibility of each licensee

to renew the his or her license prior to its expiration date.

(Source: P.A. 97-226, eff. 7-28-11.)

(225 ILCS 441/5-17)

(Section scheduled to be repealed on January 1, 2022)

Sec. 5-17. Renewal of home inspector license; entity.

(a) The expiration date and renewal period for a home

inspector license for an entity that is not a natural person

shall be set by rule. The holder of a license may renew the

license within 90 days preceding the expiration date by

completing and submitting to the Department a renewal

application in a manner prescribed form as provided by the

Department and paying the required fees.

(b) An entity that is not a natural person whose license

under this Act has expired may renew the license for a period

of 2 years following the expiration date by complying with the

requirements of subsection (a) of this Section and paying any

late penalties established by rule.

(Source: P.A. 97-226, eff. 7-28-11.)

(225 ILCS 441/5-20)

(Section scheduled to be repealed on January 1, 2022)

Sec. 5-20. Endorsement. The Department may, in its

discretion, license as a home inspector, by endorsement, on

payment of the required fee, an applicant who is a home

inspector licensed under the laws of another state or

territory, if (i) the requirements for licensure in the state

or territory in which the applicant was licensed were, at the

date of his or her licensure, substantially equivalent to the

requirements in force in this State on that date or (ii) there

were no requirements in force in this State on the date of his

or her licensure and the applicant possessed individual

qualifications on that date that are substantially similar to

the requirements under this Act. The Department may adopt any

rules necessary to implement this Section.

Applicants have 3 years after the date of application to

complete the application process. If the process has not been

completed within 3 years, the application shall be denied, the

fee forfeited, and the applicant must reapply and meet the

requirements in effect at the time of reapplication.

(Source: P.A. 97-226, eff. 7-28-11.)

(225 ILCS 441/5-25)

(Section scheduled to be repealed on January 1, 2022)

Sec. 5-25. Pre-license education requirements. The

prerequisite curriculum and classroom hours necessary for a

person to be approved to sit for the examination for a home

inspector shall be established by rule. Approved education, as

prescribed by this Act and its associated administrative rules

for licensure as a home inspector, shall be valid for 2 years

after the date of satisfactory completion of the education.

(Source: P.A. 92-239, eff. 8-3-01.)

(225 ILCS 441/5-30)

(Section scheduled to be repealed on January 1, 2022)

Sec. 5-30. Continuing education renewal requirements. The

continuing education requirements for a person to renew a

license as a home inspector shall be established by rule. The

Department shall establish a continuing education completion

deadline for home inspector licensees and require evidence of

compliance with continuing education requirements in a manner

established by rule before the renewal of a license.

(Source: P.A. 100-831, eff. 1-1-19.)

(225 ILCS 441/5-50 new)

Sec. 5-50. Insurance.

(a) All applicants for a home inspector license and all

licensees shall maintain general liability insurance in an

amount of not less than $100,000.

(b) Failure of an applicant or a licensee to carry and

maintain the insurance required by this Section, to timely

submit proof of coverage upon the Department's request, or to

timely report any claims made against such policies of

insurance shall be grounds for the denial of an application to

renew a license, or the suspension or revocation of the

license.

(c) The policies of insurance submitted by an applicant

for a new license or an applicant for renewal of a license must

include the name of the applicant as it appears or will appear

on the license.

(d) A home inspector shall maintain the insurance required

by this Section for at least one year after the latest home

inspection report the home inspector delivered.

(e) The Department may adopt rules to implement this

Section.

(225 ILCS 441/10-10)

(Section scheduled to be repealed on January 1, 2022)

Sec. 10-10. Retention of records. A person licensed under

this Act shall retain the original or a true and exact copy of

all written contracts that engage the licensee's engaging his

or her services as a home inspector and all home inspection

reports, including any supporting data used to develop the

home inspection report, for a period of 5 years or 2 years

after the final disposition of any judicial proceeding, which

includes any appeal, in which testimony was given, whichever

is longer.

(Source: P.A. 97-226, eff. 7-28-11.)

(225 ILCS 441/15-10)

(Section scheduled to be repealed on January 1, 2022)

Sec. 15-10. Grounds for disciplinary action.

(a) The Department may refuse to issue or renew, or may

revoke, suspend, place on probation, reprimand, or take other

disciplinary or non-disciplinary action as the Department may

deem appropriate, including imposing fines not to exceed

$25,000 for each violation, with regard to any license for any

one or combination of the following:

(1) Fraud or misrepresentation in applying for, or

procuring a license under this Act or in connection with

applying for renewal of a license under this Act.

(2) Failing to meet the minimum qualifications for

licensure as a home inspector established by this Act.

(3) Paying money, other than for the fees provided for

by this Act, or anything of value to an employee of the

Department to procure licensure under this Act.

(4) Conviction of, or by plea of guilty or nolo

contendere, or finding as enumerated in subsection (c) of

Section 5-10, of guilt, jury verdict, or entry of judgment

or by sentencing of any crime, including, but not limited

to, convictions, preceding sentences of supervision,

conditional discharge, or first offender probation, under

the laws of any jurisdiction of the United States: (i)

that is a felony, ; (ii) that is a misdemeanor, or

administrative sanction, or (ii) an essential element of

which is dishonesty, or that is directly related to the

practice of the profession; or (iii) that is a crime that

subjects the licensee to compliance with the requirements

of the Sex Offender Registration Act.

(5) Committing an act or omission involving

dishonesty, fraud, or misrepresentation with the intent to

substantially benefit the licensee or another person or

with the intent to substantially injure another person.

(6) Violating a provision or standard for the

development or communication of home inspections as

provided in Section 10-5 of this Act or as defined in the

rules.

(7) Failing or refusing to exercise reasonable

diligence in the development, reporting, or communication

of a home inspection report, as defined by this Act or the

rules.

(8) Violating a provision of this Act or the rules.

(9) Having been disciplined by another state, the

District of Columbia, a territory, a foreign nation, a

governmental agency, or any other entity authorized to

impose discipline if at least one of the grounds for that

discipline is the same as or substantially equivalent to

one of the grounds for which a licensee may be disciplined

under this Act.

(10) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public.

(11) Accepting an inspection assignment when the

employment itself is contingent upon the home inspector

reporting a predetermined analysis or opinion, or when the

fee to be paid is contingent upon the analysis, opinion,

or conclusion reached or upon the consequences resulting

from the home inspection assignment.

(12) Developing home inspection opinions or

conclusions based on the race, color, religion, sex,

national origin, ancestry, age, marital status, family

status, physical or mental disability, military status, or

unfavorable discharge from military status discharge,

sexual orientation, order of protection status, or

pregnancy, as defined under the Illinois Human Rights Act,

of the prospective or present owners or occupants of the

area or property under home inspection.

(13) Being adjudicated liable in a civil proceeding on

grounds of fraud, misrepresentation, or deceit. In a

disciplinary proceeding based upon a finding of civil

liability, the home inspector shall be afforded an

opportunity to present mitigating and extenuating

circumstances, but may not collaterally attack the civil

adjudication.

(14) Being adjudicated liable in a civil proceeding

for violation of a State or federal fair housing law.

(15) Engaging in misleading or untruthful advertising

or using a trade name or insignia of membership in a home

inspection organization of which the licensee is not a

member.

(16) Failing, within 30 days, to provide information

in response to a written request made by the Department.

(17) Failing to include within the home inspection

report the home inspector's license number and the date of

expiration of the license. The names of (i) all persons

who conducted the home inspection; and (ii) all persons

who prepared the subsequent written evaluation or any part

thereof must be disclosed in the report. All home

inspectors providing significant contribution to the

development and reporting of a home inspection must be

disclosed in the home inspection report. It is a violation

of this Act for a home inspector to sign a home inspection

report knowing that the names of all such persons have a

person providing a significant contribution to the report

has not been disclosed in the home inspection report.

(18) Advising a client as to whether the client should

or should not engage in a transaction regarding the

residential real property that is the subject of the home

inspection.

(19) Performing a home inspection in a manner that

damages or alters the residential real property that is

the subject of the home inspection without the consent of

the owner.

(20) Performing a home inspection when the home

inspector is providing or may also provide other services

in connection with the residential real property or

transaction, or has an interest in the residential real

property, without providing prior written notice of the

potential or actual conflict and obtaining the prior

consent of the client as provided by rule.

(21) Aiding or assisting another person in violating

any provision of this Act or rules adopted under this Act.

(22) Inability to practice with reasonable judgment,

skill, or safety as a result of habitual or excessive use

or addiction to alcohol, narcotics, stimulants, or any

other chemical agent or drug.

(23) A finding by the Department that the licensee,

after having the his or her license placed on probationary

status, has violated the terms of probation.

(24) Willfully making or filing false records or

reports related to the in his or her practice of home

inspection, including, but not limited to, false records

filed with State agencies or departments.

(25) Charging for professional services not rendered,

including filing false statements for the collection of

fees for which services are not rendered.

(26) Practicing under a false or, except as provided

by law, an assumed name.

(27) Cheating on or attempting to subvert the

licensing examination administered under this Act.

(28) Engaging in any of the following prohibited

fraudulent, false, deceptive, or misleading advertising

practices:

(i) advertising as a home inspector or operating a

home inspection business entity unless there is a duly

licensed home inspector responsible for all inspection

activities and all inspections;

(ii) advertising that contains a misrepresentation

of facts or false statements regarding the licensee's

professional achievements, degrees, training, skills,

or qualifications in the home inspection profession or

any other profession requiring licensure;

(iii) advertising that makes only a partial

disclosure of relevant facts related to pricing or

home inspection services; and

(iv) advertising that claims this State or any of

its political subdivisions endorse the home inspection

report or its contents.

(29) Disclosing, except as otherwise required by law,

inspection results or client information obtained without

the client's written consent. A home inspector shall not

deliver a home inspection report to any person other than

the client of the home inspector without the client's

written consent.

(30) Providing fees, gifts, waivers of liability, or

other forms of compensation or gratuities to persons

licensed under any real estate professional licensing act

in this State as consideration or inducement for the

referral of business.

(b) The Department may suspend, revoke, or refuse to issue

or renew an education provider's license, may reprimand, place

on probation, or otherwise discipline an education provider

licensee, and may suspend or revoke the course approval of any

course offered by an education provider, for any of the

following:

(1) Procuring or attempting to procure licensure by

knowingly making a false statement, submitting false

information, making any form of fraud or

misrepresentation, or refusing to provide complete

information in response to a question in an application

for licensure.

(2) Failing to comply with the covenants certified to

on the application for licensure as an education provider.

(3) Committing an act or omission involving

dishonesty, fraud, or misrepresentation or allowing any

such act or omission by any employee or contractor under

the control of the education provider.

(4) Engaging in misleading or untruthful advertising.

(5) Failing to retain competent instructors in

accordance with rules adopted under this Act.

(6) Failing to meet the topic or time requirements for

course approval as the provider of a pre-license

curriculum course or a continuing education course.

(7) Failing to administer an approved course using the

course materials, syllabus, and examinations submitted as

the basis of the course approval.

(8) Failing to provide an appropriate classroom

environment for presentation of courses, with

consideration for student comfort, acoustics, lighting,

seating, workspace, and visual aid material.

(9) Failing to maintain student records in compliance

with the rules adopted under this Act.

(10) Failing to provide a certificate, transcript, or

other student record to the Department or to a student as

may be required by rule.

(11) Failing to fully cooperate with a Department

investigation by knowingly making a false statement,

submitting false or misleading information, or refusing to

provide complete information in response to written

interrogatories or a written request for documentation

within 30 days of the request.

(c) (Blank). In appropriate cases, the Department may

resolve a complaint against a licensee through the issuance of

a Consent to Administrative Supervision order. A licensee

subject to a Consent to Administrative Supervision order shall

be considered by the Department as an active licensee in good

standing. This order shall not be reported as or considered by

the Department to be a discipline of the licensee. The records

regarding an investigation and a Consent to Administrative

Supervision order shall be considered confidential and shall

not be released by the Department except as mandated by law.

The complainant shall be notified that his or her complaint

has been resolved by a Consent to Administrative Supervision

order.

(d) The Department may refuse to issue or may suspend

without hearing, as provided for in the Code of Civil

Procedure, the license of any person who fails to file a tax

return, to pay the tax, penalty, or interest shown in a filed

tax return, or to pay any final assessment of tax, penalty, or

interest, as required by any tax Act administered by the

Illinois Department of Revenue, until such time as the

requirements of the tax Act are satisfied in accordance with

subsection (g) of Section 2105-15 of the Civil Administrative

Code of Illinois.

(e) (Blank).

(f) In cases where the Department of Healthcare and Family

Services has previously determined that a licensee or a

potential licensee is more than 30 days delinquent in the

payment of child support and has subsequently certified the

delinquency to the Department, the Department may refuse to

issue or renew or may revoke or suspend that person's license

or may take other disciplinary action against that person

based solely upon the certification of delinquency made by the

Department of Healthcare and Family Services in accordance

with item (5) of subsection (a) of Section 2105-15 of the Civil

Administrative Code of Illinois.

(g) The determination by a circuit court that a licensee

is subject to involuntary admission or judicial admission, as

provided in the Mental Health and Developmental Disabilities

Code, operates as an automatic suspension. The suspension will

end only upon a finding by a court that the patient is no

longer subject to involuntary admission or judicial admission

and the issuance of a court order so finding and discharging

the patient.

(h) (Blank). In enforcing this Act, the Department, upon a

showing of a possible violation, may compel an individual

licensed to practice under this Act, or who has applied for

licensure under this Act, to submit to a mental or physical

examination, or both, as required by and at the expense of the

Department. The Department may order the examining physician

to present testimony concerning the mental or physical

examination of the licensee or applicant. No information shall

be excluded by reason of any common law or statutory privilege

relating to communications between the licensee or applicant

and the examining physician. The examining physician shall be

specifically designated by the Department. The individual to

be examined may have, at his or her own expense, another

physician of his or her choice present during all aspects of

this examination. The examination shall be performed by a

physician licensed to practice medicine in all its branches.

Failure of an individual to submit to a mental or physical

examination, when directed, shall result in an automatic

suspension without hearing.

A person holding a license under this Act or who has

applied for a license under this Act, who, because of a

physical or mental illness or disability, including, but not

limited to, deterioration through the aging process or loss of

motor skill, is unable to practice the profession with

reasonable judgment, skill, or safety, may be required by the

Department to submit to care, counseling, or treatment by

physicians approved or designated by the Department as a

condition, term, or restriction for continued, reinstated, or

renewed licensure to practice. Submission to care, counseling,

or treatment as required by the Department shall not be

considered discipline of a license. If the licensee refuses to

enter into a care, counseling, or treatment agreement or fails

to abide by the terms of the agreement, the Department may file

a complaint to revoke, suspend, or otherwise discipline the

license of the individual. The Secretary may order the license

suspended immediately, pending a hearing by the Department.

Fines shall not be assessed in disciplinary actions involving

physical or mental illness or impairment.

In instances in which the Secretary immediately suspends a

person's license under this Section, a hearing on that

person's license must be convened by the Department within 15

days after the suspension and completed without appreciable

delay. The Department shall have the authority to review the

subject individual's record of treatment and counseling

regarding the impairment to the extent permitted by applicable

federal statutes and regulations safeguarding the

confidentiality of medical records.

An individual licensed under this Act and affected under

this Section shall be afforded an opportunity to demonstrate

to the Department that he or she can resume practice in

compliance with acceptable and prevailing standards under the

provisions of his or her license.

(Source: P.A. 100-872, eff. 8-14-18.)

(225 ILCS 441/15-10.1 new)

Sec. 15-10.1. Citations.

(a) The Department may adopt rules to permit the issuance

of citations to any licensee for failure to comply with the

continuing education requirements set forth in this Act or as

established by rule. The citation shall be issued to the

licensee and shall contain the licensee's name, the licensee's

address, the licensee's license number, the number of required

hours of continuing education that have not been successfully

completed by the licensee within the renewal period, and the

penalty imposed, which shall not exceed $2,000. The issuance

of a citation shall not excuse the licensee from completing

all continuing education required for that renewal period.

(b) Service of a citation shall be made in person,

electronically, or by mail to the licensee at the licensee's

address of record or email address of record, and the citation

must clearly state that if the cited licensee wishes to

dispute the citation, the cited licensee may make a written

request, within 30 days after the citation is served, for a

hearing before the Department. If the cited licensee does not

request a hearing within 30 days after the citation is served,

then the citation shall become a final, non-disciplinary

order, and any fine imposed is due and payable within 60 days

after that final order. If the cited licensee requests a

hearing within 30 days after the citation is served, the

Department shall afford the cited licensee a hearing conducted

in the same manner as a hearing provided for in this Act for

any violation of this Act and shall determine whether the

cited licensee committed the violation as charged and whether

the fine as levied is warranted. If the violation is found, any

fine shall constitute non-public discipline and be due and

payable within 30 days after the order of the Secretary, which

shall constitute a final order of the Department. No change in

license status may be made by the Department until a final

order of the Department has been issued.

(c) Payment of a fine that has been assessed pursuant to

this Section shall not constitute disciplinary action

reportable on the Department's website or elsewhere unless a

licensee has previously received 2 or more citations and been

assessed 2 or more fines.

(d) Nothing in this Section shall prohibit or limit the

Department from taking further action pursuant to this Act and

rules for additional, repeated, or continuing violations.

(225 ILCS 441/15-15)

(Section scheduled to be repealed on January 1, 2022)

Sec. 15-15. Investigation; notice; hearing. The Department

may investigate the actions of any applicant or licensee or of

any person or persons rendering or offering to render home

inspection services or any person holding or claiming to hold

a license as a home inspector. The Department shall, before

refusing to issue or renew a license or to discipline a

licensee pursuant to Section 15-10, at least 30 days prior to

the date set for the hearing, (i) notify the accused in

writing, of the charges made and the time and place for the

hearing on the charges, (ii) direct the licensee or applicant

him or her to file a written answer with the Department under

oath within 20 days after the service of the notice, and (iii)

inform the applicant or licensee that failure to file an

answer will result in a default judgment being entered against

the applicant or licensee. At the time and place fixed in the

notice, the Department shall proceed to hear the charges and

the parties of their counsel shall be accorded ample

opportunity to present any pertinent statements, testimony,

evidence, and arguments. The Department may continue the

hearing from time to time. In case the person, after receiving

the notice, fails to file an answer, the his or her license,

may, in the discretion of the Department, be revoked,

suspended, placed on probationary status, or the Department

may take whatever disciplinary actions considered proper,

including limiting the scope, nature, or extent of the

person's practice or the imposition of a fine, without a

hearing, if the act or acts charged constitute sufficient

grounds for that action under the Act. The notice may be served

by personal delivery, by mail, or, at the discretion of the

Department, by electronic means to the address of record or

email address of record specified by the accused as last

updated with the Department. The written notice may be served

by personal delivery or by certified mail to the accused's

address of record.

A copy of the hearing officer's report or any Order of

Default, along with a copy of the original complaint giving

rise to the action, shall be served upon the applicant,

licensee, or unlicensed person by the Department to the

applicant, licensee, or unlicensed individual in the manner

provided in this Act for the service of a notice of hearing.

Within 20 days after service, the applicant or licensee may

present to the Department a motion in writing for a rehearing,

which shall specify the particular grounds for rehearing. The

Department may respond to the motion, or if a motion for

rehearing is denied, then upon denial, the Secretary may enter

an order in accordance with the recommendations of the hearing

officer. If the applicant or licensee orders from the

reporting service and pays for a transcript of the record

within the time for filing a motion for rehearing, then the

20-day period during which a motion may be filed shall

commence upon the delivery of the transcript to the applicant

or licensee.

(Source: P.A. 97-226, eff. 7-28-11.)

(225 ILCS 441/15-20)

(Section scheduled to be repealed on January 1, 2022)

Sec. 15-20. Administrative Review Law; certification fees;

Illinois Administrative Procedure Act.

(a) All final administrative decisions of the Department

under this Act are subject to judicial review pursuant to the

provisions of the Administrative Review Law and the rules

adopted pursuant thereto. The term "administrative decision"

has the meaning ascribed to it in Section 3-101 of the

Administrative Review Law.

(b) The Department shall not be required to certify any

record to the court or file any answer in court or otherwise

appear in any court in a judicial review proceeding, unless

and until the Department has received from the plaintiff

payment of the costs of furnishing and certifying the record,

which costs shall be determined by the Department. Exhibits

shall be certified without cost. Failure on the part of the

plaintiff to file a receipt in court is grounds for dismissal

of the action.

(c) The Illinois Administrative Procedure Act is hereby

expressly adopted and incorporated herein. In the event of a

conflict between this Act and the Illinois Administrative

Procedure Act, this Act shall control.

(d) Proceedings for judicial review shall be commenced in

the circuit court of the county in which the party applying for

review resides, but if the party is not a resident of Illinois,

the venue shall be in Sangamon County or Cook County.

(Source: P.A. 97-226, eff. 7-28-11.)

(225 ILCS 441/15-36 new)

Sec. 15-36. No private right of action. Except as

otherwise expressly provided for in this Act, nothing in this

Act shall be construed to grant to any person a private right

of action to enforce the provisions of this Act or the rules

adopted under this Act.

(225 ILCS 441/15-55)

(Section scheduled to be repealed on January 1, 2022)

Sec. 15-55. Returned checks and dishonored credit card

charges; penalty fee; revocation termination. A person who (1)

delivers a check or other payment to the Department that is

returned to the Department unpaid by the financial institution

upon which it was drawn shall pay to the Department; or (2)

presents a credit or debit card for payment that is invalid or

expired or against which charges by the Department are

declined or dishonored, in addition to the amount already

owed, a penalty fee of $50. The Department shall notify the

person, by certified mail return receipt requested, that the

his or her check or payment was returned or that the credit

card charge was dishonored and that the person shall pay to the

Department by certified check or money order the amount of the

returned check plus a $50 penalty fee within 30 calendar days

after the date of the notification. If, after the expiration

of 30 calendar days of the notification, the person has failed

to remit the necessary funds and penalty, the Department shall

automatically revoke terminate the license or deny the

application without hearing. If the returned check or other

payment was for issuance of a license under this Act and that

person practices as a home inspector, that person may be

subject to discipline for unlicensed practice as provided in

this Act. If, after revocation termination or denial, the

person seeks a license, the applicant or licensee he or she

shall petition the Department for restoration or issuance of

the license and he or she may be subject to additional

discipline or fines. The Secretary may waive the penalties or

fines due under this Section in individual cases where the

Secretary finds that the penalties or fines would be

unreasonable or unnecessarily burdensome.

(Source: P.A. 97-226, eff. 7-28-11.)

(225 ILCS 441/15-60)

(Section scheduled to be repealed on January 1, 2022)

Sec. 15-60. Violations; injunction; cease and desist

orders.

(a) If any person violates a provision of this Act, the

Secretary may, in the name of the People of the State of

Illinois, through the Attorney General of the State of

Illinois or the State's Attorney in the county in which the

offense occurs, petition for an order enjoining the violation

or for an order enforcing compliance with this Act. Upon the

filing of a verified petition in court, the court may issue a

temporary restraining order, without notice or bond, and may

preliminarily and permanently enjoin the violation. If it is

established that the person has violated or is violating the

injunction, the court may punish the offender for contempt of

court. Proceedings under this Section shall be in addition to,

and not in lieu of, all other remedies and penalties provided

by this Act.

(b) If any person practices as a home inspector or holds

oneself himself or herself out as a home inspector without

being licensed under the provisions of this Act, then the

Secretary, any licensed home inspector, any interested party,

or any person injured thereby may petition for relief as

provided in subsection (a) of this Section or may apply to the

circuit court of the county in which the violation or some part

thereof occurred, or in which the person complained of resides

or has a his or her principal place of business or resides, to

prevent the violation. The court has jurisdiction to enforce

obedience by injunction or by other process restricting the

person complained of from further violation and may enjoin

enjoining upon the person him or her obedience.

(c) Whoever knowingly practices or offers to practice home

inspection in this State without a license for that purpose

shall be guilty of a Class A misdemeanor for the first offense

and shall be guilty of a Class 4 felony for the second and any

subsequent offense.

(d) Whenever, in the opinion of the Department, a person

violates any provision of this Act, the Department may issue a

rule to show cause why an order to cease and desist should not

be entered against that person. The rule shall clearly set

forth the grounds relied upon by the Department and shall

provide a period of 7 days from the date of the rule to file an

answer to the satisfaction of the Department. Failure to

answer to the satisfaction of the Department shall cause an

order to cease and desist to be issued.

(Source: P.A. 97-226, eff. 7-28-11.)

(225 ILCS 441/20-5)

(Section scheduled to be repealed on January 1, 2022)

Sec. 20-5. Education provider.

(a) Only education providers licensed by the Department

may provide the pre-license and continuing education courses

required for licensure under this Act.

(b) A person or entity seeking to be licensed as an

education provider under this Act shall provide satisfactory

evidence of the following:

(1) a sound financial base for establishing,

promoting, and delivering the necessary courses;

(2) a sufficient number of qualified instructors;

(3) adequate support personnel to assist with

administrative matters and technical assistance;

(4) a written policy dealing with procedures for

management of grievances and fee refunds;

(5) a qualified school administrator, who is

responsible for the administration of the school, courses,

and the actions of the instructors; and

(6) any other requirements provided by rule.

(c) All applicants for an education provider's license

shall make initial application to the Department in a manner

prescribed on forms provided by the Department and pay the

appropriate fee as provided by rule. In addition to any other

information required to be contained in the application as

prescribed by rule, every application for an original or

renewed license shall include the applicant's tax

identification number. The term, expiration date, and renewal

of an education provider's license shall be established by

rule.

(d) An education provider shall provide each successful

course participant with a certificate of completion signed by

the school administrator. The format and content of the

certificate shall be specified by rule.

(e) All education providers shall provide to the

Department a monthly roster of all successful course

participants as provided by rule.

(Source: P.A. 97-226, eff. 7-28-11.)

(225 ILCS 441/25-15)

(Section scheduled to be repealed on January 1, 2022)

Sec. 25-15. Liaison; duties. The Secretary shall appoint

an employee of the Department to:

(1) (blank);

(2) be the direct liaison between the Department, peer

review advisors, the profession, home inspectors, and

related industry organizations and associations; and

(3) prepare and circulate to licensees such

educational and informational material as the Department

deems necessary for providing guidance or assistance to

licensees.

(Source: P.A. 97-226, eff. 7-28-11.)

(225 ILCS 441/25-27)

(Section scheduled to be repealed on January 1, 2022)

Sec. 25-27. Subpoenas; depositions; oaths.

(a) The Department may subpoena and bring before it any

person to take oral or written testimony or compel the

production of any books, papers, records, or any other

documents the Secretary or the Secretary's his or her designee

deems relevant or material to any investigation or hearing

conducted by the Department with the same fees and in the same

manner as prescribed in civil cases in the courts of this

State.

(b) Any circuit court, upon the application of the

licensee or the Department, may order the attendance and

testimony of witnesses and the production of relevant

documents, files, records, books, and papers in connection

with any hearing or investigation. The circuit court may

compel obedience to its order by proceedings for contempt.

(c) The Secretary, the hearing officer, any member of the

Board, or a certified shorthand court reporter may administer

oaths at any hearing the Department conducts. Notwithstanding

any other statute or Department rule to the contrary, all

requests for testimony, production of documents, or records

shall be in accordance with this Act.

(Source: P.A. 97-226, eff. 7-28-11.)

(225 ILCS 441/25-17 rep.)

Section 75. The Home Inspector License Act is amended by

repealing Section 25-17.

Section 80. The Real Estate Appraiser Licensing Act of

2002 is amended by changing Sections 1-10, 5-5, 5-10, 5-15,

5-20, 5-20.5, 5-22, 5-25, 5-30, 5-35, 10-5, 10-10, 15-5,

15-10, 15-15, 15-55, 20-5, 20-10, 25-10, 25-15, 25-16, 25-20,

25-25, and 30-5 and by adding Sections 1-12, 5-26, 15-10.1,

15-11, and 25-35 as follows:

(225 ILCS 458/1-10)

(Section scheduled to be repealed on January 1, 2022)

Sec. 1-10. Definitions. As used in this Act, unless the

context otherwise requires:

"Accredited college or university, junior college, or

community college" means a college or university, junior

college, or community college that is approved or accredited

by the Board of Higher Education, a regional or national

accreditation association, or by an accrediting agency that is

recognized by the U.S. Secretary of Education.

"Address of record" means the designated street address,

which may not be a post office box, recorded by the Department

in the applicant's or licensee's application file or license

file as maintained by the Department's licensure maintenance

unit. It is the duty of the applicant or licensee to inform the

Department of any change of address and those changes must be

made either through the Department's website or by contacting

the Department.

"Applicant" means person who applies to the Department for

a license under this Act.

"Appraisal" means (noun) the act or process of developing

an opinion of value; an opinion of value (adjective) of or

pertaining to appraising and related functions, such as

appraisal practice or appraisal services.

"Appraisal assignment" means a valuation service provided

pursuant to as a consequence of an agreement between an

appraiser and a client.

"Appraisal consulting" means the act or process of

developing an analysis, recommendation, or opinion to solve a

problem, where an opinion of value is a component of the

analysis leading to the assignment results.

"Appraisal firm" means an appraisal entity that is 100%

owned and controlled by a person or persons licensed in

Illinois as a certified general real estate appraiser or a

certified residential real estate appraiser. "Appraisal firm"

does not include an appraisal management company.

"Appraisal management company" means any corporation,

limited liability company, partnership, sole proprietorship,

subsidiary, unit, or other business entity that directly or

indirectly: (1) provides appraisal management services to

creditors or secondary mortgage market participants, including

affiliates; (2) provides appraisal management services in

connection with valuing the consumer's principal dwelling as

security for a consumer credit transaction (including consumer

credit transactions incorporated into securitizations); and

(3) within a given year, oversees an appraiser panel of any

size of State-certified appraisers in Illinois; and (4) any

appraisal management company that, within a given 12-month

period year, oversees an appraiser panel of 16 or more

State-certified appraisers in Illinois or 25 or more

State-certified or State-licensed appraisers in 2 or more

jurisdictions shall be subject to the appraisal management

company national registry fee in addition to the appraiser

panel fee. "Appraisal management company" includes a hybrid

entity.

"Appraisal practice" means valuation services performed by

an individual acting as an appraiser, including, but not

limited to, appraisal or , appraisal review, or appraisal

consulting.

"Appraisal report" means any communication, written or

oral, of an appraisal or appraisal review that is transmitted

to a client upon completion of an assignment.

"Appraisal review" means the act or process of developing

and communicating an opinion about the quality of another

appraiser's work that was performed as part of an appraisal,

appraisal review, or appraisal assignment.

"Appraisal Subcommittee" means the Appraisal Subcommittee

of the Federal Financial Institutions Examination Council as

established by Title XI.

"Appraiser" means a person who performs real estate or

real property appraisals competently and in a manner that is

independent, impartial, and objective.

"Appraiser panel" means a network, list, or roster of

licensed or certified appraisers approved by the appraisal

management company or by the end-user client to perform

appraisals as independent contractors for the appraisal

management company. "Appraiser panel" includes both appraisers

accepted by an appraisal management company for consideration

for future appraisal assignments and appraisers engaged by an

appraisal management company to perform one or more

appraisals. For the purposes of determining the size of an

appraiser panel, only independent contractors of hybrid

entities shall be counted towards the appraiser panel.

"AQB" means the Appraisal Qualifications Board of the

Appraisal Foundation.

"Associate real estate trainee appraiser" means an

entry-level appraiser who holds a license of this

classification under this Act with restrictions as to the

scope of practice in accordance with this Act.

"Automated valuation model" means an automated system that

is used to derive a property value through the use of available

property records and various analytic methodologies such as

comparable sales prices, home characteristics, and price

changes.

"Board" means the Real Estate Appraisal Administration and

Disciplinary Board.

"Broker price opinion" means an estimate or analysis of

the probable selling price of a particular interest in real

estate, which may provide a varying level of detail about the

property's condition, market, and neighborhood and information

on comparable sales. The activities of a real estate broker or

managing broker engaging in the ordinary course of business as

a broker, as defined in this Section, shall not be considered a

broker price opinion if no compensation is paid to the broker

or managing broker, other than compensation based upon the

sale or rental of real estate.

"Classroom hour" means 50 minutes of instruction out of

each 60 minute segment of coursework.

"Client" means the party or parties who engage an

appraiser by employment or contract in a specific appraisal

assignment.

"Comparative market analysis" is an analysis or opinion

regarding pricing, marketing, or financial aspects relating to

a specified interest or interests in real estate that may be

based upon an analysis of comparative market data, the

expertise of the real estate broker or managing broker, and

such other factors as the broker or managing broker may deem

appropriate in developing or preparing such analysis or

opinion. The activities of a real estate broker or managing

broker engaging in the ordinary course of business as a

broker, as defined in this Section, shall not be considered a

comparative market analysis if no compensation is paid to the

broker or managing broker, other than compensation based upon

the sale or rental of real estate.

"Coordinator" means the Coordinator of Real Estate

Appraisal Coordinator created in Section 25-15 of the Division

of Professional Regulation of the Department of Financial and

Professional Regulation.

"Department" means the Department of Financial and

Professional Regulation.

"Email address of record" means the designated email

address recorded by the Department in the applicant's

application file or the licensee's license file maintained by

the Department.

"Evaluation" means a valuation permitted by the appraisal

regulations of the Federal Financial Institutions Examination

Council and its federal agencies for transactions that qualify

for the appraisal threshold exemption, business loan

exemption, or subsequent transaction exemption.

"Federal financial institutions regulatory agencies" means

the Board of Governors of the Federal Reserve System, the

Federal Deposit Insurance Corporation, the Office of the

Comptroller of the Currency, the Consumer Financial Protection

Bureau, and the National Credit Union Administration.

"Federally related transaction" means any real

estate-related financial transaction in which a federal

financial institutions regulatory agency engages in, contracts

for, or regulates and requires the services of an appraiser.

"Financial institution" means any bank, savings bank,

savings and loan association, credit union, mortgage broker,

mortgage banker, licensee under the Consumer Installment Loan

Act or the Sales Finance Agency Act, or a corporate fiduciary,

subsidiary, affiliate, parent company, or holding company of

any such licensee, or any institution involved in real estate

financing that is regulated by state or federal law.

"Hybrid entity" means an appraisal management company that

hires an appraiser as an employee to perform an appraisal and

engages an independent contractor to perform an appraisal.

"License" means the privilege conferred by the Department

to a person that has fulfilled all requirements prerequisite

to any type of licensure under this Act.

"Licensee" means any person, as defined in this Section,

who holds a valid unexpired license.

"Multi-state licensing system" means a web-based platform

that allows an applicant to submit the his or her application

or license renewal application to the Department online.

"Person" means an individual, entity, sole proprietorship,

corporation, limited liability company, partnership, and joint

venture, foreign or domestic, except that when the context

otherwise requires, the term may refer to more than one

individual or other described entity.

"Real estate" means an identified parcel or tract of land,

including any improvements.

"Real estate related financial transaction" means any

transaction involving:

(1) the sale, lease, purchase, investment in, or

exchange of real property, including interests in property

or the financing thereof;

(2) the refinancing of real property or interests in

real property; and

(3) the use of real property or interest in property

as security for a loan or investment, including mortgage

backed securities.

"Real property" means the interests, benefits, and rights

inherent in the ownership of real estate.

"Secretary" means the Secretary of Financial and

Professional Regulation or the Secretary's designee.

"State certified general real estate appraiser" means an

appraiser who holds a license of this classification under

this Act and such classification applies to the appraisal of

all types of real property without restrictions as to the

scope of practice.

"State certified residential real estate appraiser" means

an appraiser who holds a license of this classification under

this Act and such classification applies to the appraisal of

one to 4 units of residential real property without regard to

transaction value or complexity, but with restrictions as to

the scope of practice in a federally related transaction in

accordance with Title XI, the provisions of USPAP, criteria

established by the AQB, and further defined by rule.

"Supervising appraiser" means either (i) an appraiser who

holds a valid license under this Act as either a State

certified general real estate appraiser or a State certified

residential real estate appraiser, who co-signs an appraisal

report for an associate real estate trainee appraiser or (ii)

a State certified general real estate appraiser who holds a

valid license under this Act who co-signs an appraisal report

for a State certified residential real estate appraiser on

properties other than one to 4 units of residential real

property without regard to transaction value or complexity.

"Title XI" means Title XI of the federal Financial

Institutions Reform, Recovery and Enforcement Act of 1989.

"USPAP" means the Uniform Standards of Professional

Appraisal Practice as promulgated by the Appraisal Standards

Board pursuant to Title XI and by rule.

"Valuation services" means services pertaining to aspects

of property value.

(Source: P.A. 100-604, eff. 7-13-18.)

(225 ILCS 458/1-12 new)

Sec. 1-12. Address of record; email address of record. All

applicants and licensees shall:

(1) provide a valid address and email address to the

Department, which shall serve as the address of record and

email address of record, respectively, at the time of

application for licensure or renewal of a license; and

(2) inform the Department of any change of address of

record or email address of record within 14 days after

such change through the Department's website.

(225 ILCS 458/5-5)

(Section scheduled to be repealed on January 1, 2022)

Sec. 5-5. Necessity of license; use of title; exemptions.

(a) It is unlawful for a person to (i) act, offer services,

or advertise services as a State certified general real estate

appraiser, State certified residential real estate appraiser,

or associate real estate trainee appraiser, (ii) develop a

real estate appraisal, (iii) practice as a real estate

appraiser, or (iv) advertise as or hold himself or herself out

to be a real estate appraiser without a license issued under

this Act. A person who violates this subsection is guilty of a

Class A misdemeanor for a first offense and a Class 4 felony

for any subsequent offense.

(a-5) It is unlawful for a person, unless registered as an

appraisal management company, to solicit clients or enter into

an appraisal engagement with clients without either a

certified residential real estate appraiser license or a

certified general real estate appraiser license issued under

this Act. A person who violates this subsection is guilty of a

Class A misdemeanor for a first offense and a Class 4 felony

for any subsequent offense.

(b) It is unlawful for a person, other than a person who

holds a valid license issued pursuant to this Act as a State

certified general real estate appraiser, a State certified

residential real estate appraiser, or an associate real estate

trainee appraiser to use these titles or any other title,

designation, or abbreviation likely to create the impression

that the person is licensed as a real estate appraiser

pursuant to this Act. A person who violates this subsection is

guilty of a Class A misdemeanor for a first offense and a Class

4 felony for any subsequent offense.

(c) This Act does not apply to a person who holds a valid

license as a real estate broker or managing broker pursuant to

the Real Estate License Act of 2000 who prepares or provides a

broker price opinion or comparative market analysis in

compliance with Section 10-45 of the Real Estate License Act

of 2000.

(d) Nothing in this Act shall preclude a State certified

general real estate appraiser, a State certified residential

real estate appraiser, or an associate real estate trainee

appraiser from rendering appraisals for or on behalf of a

partnership, association, corporation, firm, or group.

However, no State appraisal license or certification shall be

issued under this Act to a partnership, association,

corporation, firm, or group.

(e) This Act does not apply to a county assessor, township

assessor, multi-township assessor, county supervisor of

assessments, or any deputy or employee of any county assessor,

township assessor, multi-township assessor, or county

supervisor of assessments in performance of who is performing

his or her respective duties in accordance with the provisions

of the Property Tax Code.

(e-5) For the purposes of this Act, valuation waivers may

be prepared by a licensed appraiser notwithstanding any other

provision of this Act, and the following types of valuations

are not appraisals and may not be represented to be

appraisals, and a license is not required under this Act to

perform such valuations if the valuations are performed by (1)

an employee of the Illinois Department of Transportation who

has completed a minimum of 45 hours of course work in real

estate appraisal, including the principles principals of real

estate appraisals, appraisal of partial acquisitions, easement

valuation, reviewing appraisals in eminent domain, appraisal

for federal aid highway programs, and appraisal review for

federal aid highway programs and has at least 2 years'

experience in a field closely related to real estate; (2) a

county engineer who is a registered professional engineer

under the Professional Engineering Practice Act of 1989; (3)

an employee of a municipality who has (i) completed a minimum

of 45 hours of coursework in real estate appraisal, including

the principles principals of real estate appraisals, appraisal

of partial acquisitions, easement valuation, reviewing

appraisals in eminent domain, appraisal for federal aid

highway programs, and appraisal review for federal aid highway

programs and (ii) has either 2 years' experience in a field

clearly related to real estate or has completed 20 hours of

additional coursework that is sufficient for a person to

complete waiver valuations as approved by the Federal Highway

Administration; or (4) a municipal engineer who has completed

coursework that is sufficient for his or her waiver valuations

to be approved by the Federal Highway Administration and who

is a registered professional engineer under the Professional

Engineering Act of 1989, under the following circumstances:

(A) a valuation waiver in an amount not to exceed

$20,000 $10,000 prepared pursuant to the federal Uniform

Relocation Assistance and Real Property Acquisition

Policies Act of 1970, or prepared pursuant to the federal

Uniform Relocation Assistance and Real Property

Acquisition for Federal and Federally-Assisted Programs

regulations and which is performed by (1) an employee of

the Illinois Department of Transportation and co-signed,

with a license number affixed, by another employee of the

Illinois Department of Transportation who is a registered

professional engineer under the Professional Engineering

Practice Act of 1989 or (2) an employee of a municipality

and co-signed with a license number affixed by a county or

municipal engineer who is a registered professional

engineer under the Professional Engineering Practice Act

of 1989; and

(B) a valuation waiver in an amount not to exceed

$20,000 $10,000 prepared pursuant to the federal Uniform

Relocation Assistance and Real Property Acquisition

Policies Act of 1970, or prepared pursuant to the federal

Uniform Relocation Assistance and Real Property

Acquisition for Federal and Federally-Assisted Programs

regulations and which is performed by a county or

municipal engineer who is employed by a county or

municipality and is a registered professional engineer

under the Professional Engineering Practice Act of 1989.

The valuation shall include In addition to his or her

signature, the county or municipal engineer's signature

and engineer shall affix his or her license number to the

valuation.

Nothing in this subsection (e-5) shall be construed to

allow the State of Illinois, a political subdivision thereof,

or any public body to acquire real estate by eminent domain in

any manner other than provided for in the Eminent Domain Act.

(f) A State real estate appraisal certification or license

is not required under this Act for any of the following: (1) A

person, partnership, association, or corporation that performs

appraisals of property owned by that person, partnership,

association, or corporation for the sole use of that person,

partnership, association, or corporation.

(2) A court-appointed commissioner who conducts an

appraisal pursuant to a judicially ordered evaluation of

property.

Any However, any person who is certified or licensed under

this Act and who performs any of the activities set forth in

this subsection (f) must comply with the provisions of this

Act. A person who violates this subsection (f) is guilty of a

Class A misdemeanor for a first offense and a Class 4 felony

for any subsequent offense.

(g) This Act does not apply to an employee, officer,

director, or member of a credit or loan committee of a

financial institution or any other person engaged by a

financial institution when performing an evaluation of real

property for the sole use of the financial institution in a

transaction for which the financial institution would not be

required to use the services of a State licensed or State

certified appraiser pursuant to federal regulations adopted

under Title XI of the federal Financial Institutions Reform,

Recovery, and Enforcement Act of 1989, nor does this Act apply

to the procurement of an automated valuation model.

(h) This Act does not apply to the procurement of an

automated valuation model.

"Automated valuation model" means an automated system that

is used to derive a property value through the use of publicly

available property records and various analytic methodologies

such as comparable sales prices, home characteristics, and

historical home price appreciations.

(Source: P.A. 98-444, eff. 8-16-13; 98-933, eff. 1-1-15;

98-1109, eff. 1-1-15; 99-78, eff. 7-20-15.)

(225 ILCS 458/5-10)

(Section scheduled to be repealed on January 1, 2022)

Sec. 5-10. Application for State certified general real

estate appraiser.

(a) Every person who desires to obtain a State certified

general real estate appraiser license shall:

(1) apply to the Department on forms provided by the

Department, or through a multi-state licensing system as

designated by the Secretary, accompanied by the required

fee;

(2) be at least 18 years of age;

(3) (blank);

(4) personally take and pass an examination authorized

by the Department and endorsed by the AQB;

(5) prior to taking the examination, provide evidence

to the Department, or through a multi-state licensing

system as designated by the Secretary, of successful

completion of in Modular Course format, with each module

conforming to the Required Core Curriculum established and

adopted by the AQB, that he or she has successfully

completed the prerequisite classroom hours of instruction

in appraising as established by the AQB and by rule;

evidence shall be in a Modular Course format with each

module conforming to the Required Core Curriculum

established and adopted by the AQB; and

(6) prior to taking the examination, provide evidence

to the Department, or through a multi-state licensing

system as designated by the Secretary, of successful

completion of that he or she has successfully completed

the prerequisite experience and educational requirements

in appraising as established by AQB and by rule.

(b) Applicants must provide evidence to the Department, or

through a multi-state licensing system as designated by the

Secretary, of holding a Bachelor's degree or higher from an

accredited college or university.

(Source: P.A. 100-604, eff. 7-13-18.)

(225 ILCS 458/5-15)

(Section scheduled to be repealed on January 1, 2022)

Sec. 5-15. Application for State certified residential

real estate appraiser. Every person who desires to obtain a

State certified residential real estate appraiser license

shall:

(1) apply to the Department on forms provided by the

Department, or through a multi-state licensing system as

designated by the Secretary, accompanied by the required

fee;

(2) be at least 18 years of age;

(3) (blank);

(4) personally take and pass an examination authorized

by the Department and endorsed by the AQB;

(5) prior to taking the examination, provide evidence

to the Department, or through a multi-state licensing

system as designated by the Secretary, of successful

completion of in Modular Course format, with each module

conforming to the Required Core Curriculum established and

adopted by the AQB, that he or she has successfully

completed the prerequisite classroom hours of instruction

in appraising as established by the AQB and by rule;

evidence shall be in a Modular Course format with each

module conforming to the Required Core Curriculum

established and adopted by the AQB; and

(6) prior to taking the examination, provide evidence

to the Department, or through a multi-state licensing

system as designated by the Secretary, of successful

completion of that he or she has successfully completed

the prerequisite experience and educational requirements

as established by AQB and by rule.

(Source: P.A. 100-201, eff. 8-18-17; 100-604, eff. 7-13-18.)

(225 ILCS 458/5-20)

(Section scheduled to be repealed on January 1, 2022)

Sec. 5-20. Application for associate real estate trainee

appraiser. Every person who desires to obtain an associate

real estate trainee appraiser license shall:

(1) apply to the Department on forms provided by the

Department, or through a multi-state licensing system as

designated by the Secretary, accompanied by the required

fee;

(2) be at least 18 years of age;

(3) provide evidence of having attained a high school

diploma or completed an equivalent course of study as

determined by an examination conducted or accepted by the

Illinois State Board of Education;

(4) (blank); and

(5) provide evidence to the Department, or through a

multi-state licensing system as designated by the

Secretary, of successful completion of that he or she has

successfully completed the prerequisite qualifying and any

conditional education requirements as established by rule.

(Source: P.A. 100-604, eff. 7-13-18; 100-832, eff. 1-1-19;

101-81, eff. 7-12-19.)

(225 ILCS 458/5-20.5)

(Section scheduled to be repealed on January 1, 2022)

Sec. 5-20.5. Duration of application. Applicants have 3

years from the date of application to complete the application

process. If the process has not been completed within 3 years,

the application shall expire be denied, the fee shall be

forfeited, and the applicant must reapply and meet the

requirements in effect at the time of reapplication.

(Source: P.A. 96-844, eff. 12-23-09.)

(225 ILCS 458/5-22)

(Section scheduled to be repealed on January 1, 2022)

Sec. 5-22. Criminal history records check.

(a) An application Each applicant for licensure by

examination or restoration shall include the applicant's have

his or her fingerprints submitted to the Department of State

Police in an electronic format that complies with the form and

manner for requesting and furnishing criminal history record

information as prescribed by the Department of State Police.

These fingerprints shall be checked against the Department of

State Police and Federal Bureau of Investigation criminal

history record databases now and hereafter filed. The

Department of State Police shall charge applicants a fee for

conducting the criminal history records check, which shall be

deposited into the State Police Services Fund and shall not

exceed the actual cost of the records check. The Department of

State Police shall furnish, pursuant to positive

identification, records of Illinois convictions to the

Department. The Department may require applicants to pay a

separate fingerprinting fee, either to the Department or to a

vendor. The Department may adopt any rules necessary to

implement this Section.

(b) The Secretary may designate a multi-state licensing

system to perform the functions described in subsection (a).

The Department may require applicants to pay a separate

fingerprinting fee, either to the Department or to the

multi-state licensing system. The Department may adopt any

rules necessary to implement this subsection.

(c) The Department shall not consider the following

criminal history records in connection with an application for

licensure:

(1) juvenile adjudications of delinquent minors as

defined in Section 5-105 of the Juvenile Court Act of 1987

subject to the restrictions set forth in Section 5-130 of

that Act;

(2) law enforcement records, court records, and

conviction records of an individual who was 17 years old

at the time of the offense and before January 1, 2014,

unless the nature of the offense required the individual

to be tried as an adult;

(3) records of arrest not followed by a charge or

conviction;

(4) records of arrest in which the charges were

dismissed unless related to the practice of the

profession; however, applicants shall not be asked to

report any arrests, and an arrest not followed by a

conviction shall not be the basis of a denial and may be

used only to assess an applicant's rehabilitation;

(5) convictions overturned by a higher court; or

(6) convictions or arrests that have been sealed or

expunged.

(d) If an applicant makes a false statement of material

fact on the application, the false statement may in itself be

sufficient grounds to revoke or refuse to issue a license.

(e) An applicant or licensee shall report to the

Department, in a manner prescribed by the Department, upon

application and within 30 days after the occurrence, if during

the term of licensure, (i) any conviction of or plea of guilty

or nolo contendere to forgery, embezzlement, obtaining money

under false pretenses, larceny, extortion, conspiracy to

defraud, or any similar offense or offenses or any conviction

of a felony involving moral turpitude, (ii) the entry of an

administrative sanction by a government agency in this State

or any other jurisdiction that has as an essential element

dishonesty or fraud or involves larceny, embezzlement, or

obtaining money, property, or credit by false pretenses, or

(iii) a crime that subjects the licensee to compliance with

the requirements of the Sex Offender Registration Act.

(Source: P.A. 100-604, eff. 7-13-18.)

(225 ILCS 458/5-25)

(Section scheduled to be repealed on January 1, 2022)

Sec. 5-25. Renewal of license.

(a) The expiration date and renewal period for a State

certified general real estate appraiser license or a State

certified residential real estate appraiser license issued

under this Act shall be set by rule. Except as otherwise

provided in subsections (b) and (f) of this Section, the

holder of a license may renew the license within 90 days

preceding the expiration date by:

(1) completing and submitting to the Department, or

through a multi-state licensing system as designated by

the Secretary, a renewal application form as provided by

the Department;

(2) paying the required fees; and

(3) providing evidence to the Department, or through a

multi-state licensing system as designated by the

Secretary, of successful completion of the continuing

education requirements through courses approved by the

Department from education providers licensed by the

Department, as established by the AQB and by rule.

(b) A State certified general real estate appraiser or

State certified residential real estate appraiser whose

license under this Act has expired may renew the license for a

period of 2 years following the expiration date by complying

with the requirements of paragraphs (1), (2), and (3) of

subsection (a) of this Section and paying any late penalties

established by rule.

(c) (Blank).

(d) The expiration date and renewal period for an

associate real estate trainee appraiser license issued under

this Act shall be set by rule. Except as otherwise provided in

subsections (e) and (f) of this Section, the holder of an

associate real estate trainee appraiser license may renew the

license within 90 days preceding the expiration date by:

(1) completing and submitting to the Department, or

through a multi-state licensing system as designated by

the Secretary, a renewal application form as provided by

the Department;

(2) paying the required fees; and

(3) providing evidence to the Department, or through a

multi-state licensing system as designated by the

Secretary, of successful completion of the continuing

education requirements through courses approved by the

Department from education providers approved by the

Department, as established by rule.

(e) Any associate real estate trainee appraiser trainee

whose license under this Act has expired may renew the license

for a period of 2 years following the expiration date by

complying with the requirements of paragraphs (1), (2), and

(3) of subsection (d) of this Section and paying any late

penalties as established by rule.

(f) Notwithstanding subsections (c) and (e), an appraiser

whose license under this Act has expired may renew or convert

the license without paying any lapsed renewal fees or late

penalties if the license expired while the appraiser was:

(1) on active duty with the United States Armed

Services;

(2) serving as the Coordinator of Real Estate

Appraisal or an employee of the Department who was

required to surrender the his or her license during the

term of employment.

Application for renewal must be made within 2 years

following the termination of the military service or related

education, training, or employment and shall include an

affidavit from the licensee of engagement. The licensee shall

furnish the Department with an affidavit that he or she was so

engaged.

(g) The Department shall provide reasonable care and due

diligence to ensure that each licensee under this Act is

provided with a renewal application at least 90 days prior to

the expiration date, but each licensee is responsible to

timely renewal or conversion of the renew or convert his or her

license prior to its expiration date is the responsibility of

the licensee.

(h) The Department shall not renew a license if the

licensee has an unpaid fine from a disciplinary matter or an

unpaid fee from a non-disciplinary action imposed by the

Department until the fine or fee is paid to the Department or

the licensee has entered into a payment plan and is current on

the required payments.

(i) The Department shall not issue a license if the

applicant has an unpaid fine imposed by the Department for

unlicensed practice until the fine is paid to the Department

or the applicant has entered into a payment plan and is current

on the required payments.

(Source: P.A. 100-604, eff. 7-13-18; 100-832, eff. 1-1-19;

101-81, eff. 7-12-19.)

(225 ILCS 458/5-26 new)

Sec. 5-26. Inactive licenses. Any licensee who notifies

the Department, in writing on forms prescribed by the

Department, may elect to place the license on an inactive

status and shall, subject to the rules of the Department, be

excused from payment of renewal fees until notification in

writing to the Department of the desire to resume active

status. Any licensee requesting reinstatement from inactive

status shall pay the current renewal fee, provide proof of

meeting the continuing education requirements for the period

of time the license is inactive (not to exceed 2 renewal

periods), and follow the requirements for reinstatement as

provided by rule. Any licensee whose license is in an inactive

status shall not practice in the State of Illinois. The

Department will update the licensee's record in the National

Registry to show that the license is inactive.

(225 ILCS 458/5-30)

(Section scheduled to be repealed on January 1, 2022)

Sec. 5-30. Endorsement. The Department may issue an

appraiser license, without the required examination, to an

applicant licensed by another state, territory, possession of

the United States, or the District of Columbia, if (i) the

licensing requirements of that licensing authority are, on the

date of licensure, substantially equal to the requirements set

forth under this Act or to a person who, at the time of the his

or her application, possessed individual qualifications that

were substantially equivalent to the requirements of this Act

or (ii) the applicant provides the Department with evidence of

good standing from the Appraisal Subcommittee National

Registry report and a criminal history records check in

accordance with Section 5-22. An applicant under this Section

shall pay all of the required fees.

(Source: P.A. 98-1109, eff. 1-1-15.)

(225 ILCS 458/5-35)

(Section scheduled to be repealed on January 1, 2022)

Sec. 5-35. Qualifying education requirements. (a) The

prerequisite classroom hours necessary for a person to be

approved to sit for the examination for licensure as a State

certified general real estate appraiser or a State certified

residential real estate appraiser shall be in accordance with

AQB criteria and established by rule.

(b) The prerequisite classroom hours necessary for a

person to sit for the examination for licensure as an

associate real estate trainee appraiser shall be established

by rule.

(Source: P.A. 98-1109, eff. 1-1-15.)

(225 ILCS 458/10-5)

(Section scheduled to be repealed on January 1, 2022)

Sec. 10-5. Scope of practice.

(a) This Act does not limit a State certified general real

estate appraiser's appraiser in his or her scope of practice

in a federally related transaction. A State certified general

real estate appraiser may independently provide appraisal

services, review, or consult related consulting relating to

any type of property for which there is related he or she has

experience or competency by the appraiser is competent. All

such appraisal practice must be made in accordance with the

provisions of USPAP, criteria established by the AQB, and

rules adopted pursuant to this Act.

(b) A State certified residential real estate appraiser is

limited in his or her scope of practice to the provisions of

USPAP, criteria established by the AQB, and the rules adopted

pursuant to this Act.

(c) A State certified residential real estate appraiser

must have a State certified general real estate appraiser who

holds a valid license under this Act co-sign all appraisal

reports on properties other than one to 4 units of residential

real property without regard to transaction value or

complexity.

(d) An associate real estate trainee appraiser is limited

in his or her scope of practice in all transactions in

accordance with the provisions of USPAP, this Act, and the

rules adopted pursuant to this Act. In addition, an associate

real estate trainee appraiser shall be required to have a

State certified general real estate appraiser or State

certified residential real estate appraiser who holds a valid

license under this Act to co-sign all appraisal reports. A

supervising appraiser may not supervise more than 3 associate

real estate trainee appraisers at one time. Associate real

estate trainee appraisers shall not be limited in the number

of concurrent supervising appraisers. A chronological

appraisal log on an approved log form shall be maintained by

the associate real estate trainee appraiser and shall be made

available to the Department upon request.

(Source: P.A. 97-602, eff. 8-26-11; 98-1109, eff. 1-1-15.)

(225 ILCS 458/10-10)

(Section scheduled to be repealed on January 1, 2022)

Sec. 10-10. Standards of practice. All persons licensed

under this Act must comply with standards of professional

appraisal practice adopted by the Department. The Department

must adopt, as part of its rules, the Uniform Standards of

Professional Appraisal Practice (USPAP) as published from time

to time by the Appraisal Standards Board of the Appraisal

Foundation. The Department shall consider federal laws and

regulations regarding the licensure of real estate appraisers

prior to adopting its rules for the administration of this

Act. When an appraisal obtained through an appraisal

management company is used for loan purposes, the borrower or

loan applicant shall be provided with a written disclosure of

the total compensation to the appraiser or appraisal firm

within the body certification of the appraisal report and it

shall not be redacted or otherwise obscured.

(Source: P.A. 96-844, eff. 12-23-09; 97-602, eff. 8-26-11.)

(225 ILCS 458/15-5)

(Section scheduled to be repealed on January 1, 2022)

Sec. 15-5. Unlicensed practice; civil penalty; injunctive

relief; unlawful influence.

(a) A person who violates Section 5-5 of this Act shall, in

addition to any other penalty provided by law, pay a civil

penalty to the Department in an amount not to exceed $25,000

for each violation as determined by the Secretary. The civil

penalty shall be assessed by the Secretary after a hearing in

accordance with the provisions of this Act regarding the

provision of a hearing for the discipline of a license.

(b) The Department has the authority to investigate any

activity that may violate this Act.

(c) A civil penalty imposed pursuant to subsection (a)

shall be paid within 60 days after the effective date of the

order imposing the civil penalty. The order shall constitute a

judgment and may be filed and executed in the same manner as

any judgment from any court of record. Any civil penalty

collected under this Act shall be made payable to the

Department of Financial and Professional Regulation and

deposited into the Appraisal Administration Fund. In addition

to or in lieu of the imposition of a civil penalty, the

Department may report a violation of this Act or the failure or

refusal to comply with an order of the Department to the

Attorney General or to the appropriate State's Attorney.

(d) Practicing as an appraiser without holding an active a

valid license as required under this Act is declared to be

adverse to the public welfare, to constitute a public

nuisance, and to cause irreparable harm to the public welfare.

The Secretary, the Attorney General, or the State's Attorney

of any county in the State may maintain an action for

injunctive relief in any circuit court to enjoin any person

from engaging in such practice.

Upon the filing of a verified petition in a circuit court,

the court, if satisfied by affidavit or otherwise that a

person has been engaged in the practice of real estate

appraisal without an active a valid license, may enter a

temporary restraining order without notice or bond enjoining

the defendant from further practice. The showing of

non-licensure, by affidavit or otherwise, is sufficient for

the issuance of a temporary injunction. If it is established

that the defendant has been or is engaged in unlawful

practice, the court may enter an order or judgment perpetually

enjoining the defendant from further unlawful practice. In all

proceedings under this Section, the court, in its discretion,

may apportion the costs among the parties interested in the

action, including the cost of filing the complaint, service of

process, witness fees and expenses, court reporter charges,

and reasonable attorneys' fees. These injunction proceedings

shall be in addition to, and not in lieu of, all penalties and

other remedies provided in this Act.

(e) No person shall influence or attempt to influence

through coercion, extortion, or bribery the independent

judgment of an appraiser licensed or certified under this Act

in the development, reporting, result, or review of a real

estate appraisal. A person who violates this subsection (e) is

guilty of a Class A misdemeanor for the first offense and a

Class 4 felony for any subsequent offense.

(Source: P.A. 96-844, eff. 12-23-09.)

(225 ILCS 458/15-10)

(Section scheduled to be repealed on January 1, 2022)

Sec. 15-10. Grounds for disciplinary action.

(a) The Department may suspend, revoke, refuse to issue,

renew, or restore a license and may reprimand place on

probation or administrative supervision, or take any

disciplinary or non-disciplinary action, including imposing

conditions limiting the scope, nature, or extent of the real

estate appraisal practice of a licensee or reducing the

appraisal rank of a licensee, and may impose an administrative

fine not to exceed $25,000 for each violation upon a licensee

for any one or combination of the following:

(1) Procuring or attempting to procure a license by

knowingly making a false statement, submitting false

information, engaging in any form of fraud or

misrepresentation, or refusing to provide complete

information in response to a question in an application

for licensure.

(2) Failing to meet the minimum qualifications for

licensure as an appraiser established by this Act.

(3) Paying money, other than for the fees provided for

by this Act, or anything of value to a member or employee

of the Board or the Department to procure licensure under

this Act.

(4) Conviction of, or by plea of guilty or nolo

contendere, as enumerated in subsection (e) of Section

5-22 finding of guilt, jury verdict, or entry of judgment

or by sentencing of any crime, including, but not limited

to, convictions, preceding sentences of supervision,

conditional discharge, or first offender probation, under

the laws of any jurisdiction of the United States: (i)

that is a felony, ; or (ii) that is a misdemeanor, or

administrative sanction or (ii) that is a crime that

subjects the licensee to compliance with the requirements

of the Sex Offender Registration Act an essential element

of which is dishonesty, or that is directly related to the

practice of the profession.

(5) Committing an act or omission involving

dishonesty, fraud, or misrepresentation with the intent to

substantially benefit the licensee or another person or

with intent to substantially injure another person as

defined by rule.

(6) Violating a provision or standard for the

development or communication of real estate appraisals as

provided in Section 10-10 of this Act or as defined by

rule.

(7) Failing or refusing without good cause to exercise

reasonable diligence in developing, reporting, or

communicating an appraisal, as defined by this Act or by

rule.

(8) Violating a provision of this Act or the rules

adopted pursuant to this Act.

(9) Having been disciplined by another state, the

District of Columbia, a territory, a foreign nation, a

governmental agency, or any other entity authorized to

impose discipline if at least one of the grounds for that

discipline is the same as or the equivalent of one of the

grounds for which a licensee may be disciplined under this

Act.

(10) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public.

(11) Accepting an appraisal assignment when the

employment itself is contingent upon the appraiser

reporting a predetermined estimate, analysis, or opinion

or when the fee to be paid is contingent upon the opinion,

conclusion, or valuation reached or upon the consequences

resulting from the appraisal assignment.

(12) Developing valuation conclusions based on the

race, color, religion, sex, national origin, ancestry,

age, marital status, family status, physical or mental

disability, sexual orientation, pregnancy, order of

protection status, military status, or unfavorable

military discharge, as defined under the Illinois Human

Rights Act, of the prospective or present owners or

occupants of the area or property under appraisal.

(13) Violating the confidential nature of government

records to which the licensee gained access through

employment or engagement as an appraiser by a government

agency.

(14) Being adjudicated liable in a civil proceeding on

grounds of fraud, misrepresentation, or deceit. In a

disciplinary proceeding based upon a finding of civil

liability, the appraiser shall be afforded an opportunity

to present mitigating and extenuating circumstances, but

may not collaterally attack the civil adjudication.

(15) Being adjudicated liable in a civil proceeding

for violation of a state or federal fair housing law.

(16) Engaging in misleading or untruthful advertising

or using a trade name or insignia of membership in a real

estate appraisal or real estate organization of which the

licensee is not a member.

(17) Failing to fully cooperate with a Department

investigation by knowingly making a false statement,

submitting false or misleading information, or refusing to

provide complete information in response to written

interrogatories or a written request for documentation

within 30 days of the request.

(18) Failing to include within the certificate of

appraisal for all written appraisal reports the

appraiser's license number and licensure title. All

appraisers providing significant contribution to the

development and reporting of an appraisal must be

disclosed in the appraisal report. It is a violation of

this Act for an appraiser to sign a report, transmittal

letter, or appraisal certification knowing that a person

providing a significant contribution to the report has not

been disclosed in the appraisal report.

(19) Violating the terms of a disciplinary order or

consent to administrative supervision order.

(20) Habitual or excessive use or addiction to

alcohol, narcotics, stimulants, or any other chemical

agent or drug that results in a licensee's inability to

practice with reasonable judgment, skill, or safety.

(21) A physical or mental illness or disability which

results in the inability to practice under this Act with

reasonable judgment, skill, or safety.

(22) Gross negligence in developing an appraisal or in

communicating an appraisal or failing to observe one or

more of the Uniform Standards of Professional Appraisal

Practice.

(23) A pattern of practice or other behavior that

demonstrates incapacity or incompetence to practice under

this Act.

(24) Using or attempting to use the seal, certificate,

or license of another as one's his or her own; falsely

impersonating any duly licensed appraiser; using or

attempting to use an inactive, expired, suspended, or

revoked license; or aiding or abetting any of the

foregoing.

(25) Solicitation of professional services by using

false, misleading, or deceptive advertising.

(26) Making a material misstatement in furnishing

information to the Department.

(27) Failure to furnish information to the Department

upon written request.

(b) The Department may reprimand suspend, revoke, or

refuse to issue or renew an education provider's license, may

reprimand, place on probation, or otherwise discipline an

education provider and may suspend or revoke the course

approval of any course offered by an education provider and

may impose an administrative fine not to exceed $25,000 upon

an education provider, for any of the following:

(1) Procuring or attempting to procure licensure by

knowingly making a false statement, submitting false

information, engaging in any form of fraud or

misrepresentation, or refusing to provide complete

information in response to a question in an application

for licensure.

(2) Failing to comply with the covenants certified to

on the application for licensure as an education provider.

(3) Committing an act or omission involving

dishonesty, fraud, or misrepresentation or allowing any

such act or omission by any employee or contractor under

the control of the provider.

(4) Engaging in misleading or untruthful advertising.

(5) Failing to retain competent instructors in

accordance with rules adopted under this Act.

(6) Failing to meet the topic or time requirements for

course approval as the provider of a qualifying curriculum

course or a continuing education course.

(7) Failing to administer an approved course using the

course materials, syllabus, and examinations submitted as

the basis of the course approval.

(8) Failing to provide an appropriate classroom

environment for presentation of courses, with

consideration for student comfort, acoustics, lighting,

seating, workspace, and visual aid material.

(9) Failing to maintain student records in compliance

with the rules adopted under this Act.

(10) Failing to provide a certificate, transcript, or

other student record to the Department or to a student as

may be required by rule.

(11) Failing to fully cooperate with an investigation

by the Department by knowingly making a false statement,

submitting false or misleading information, or refusing to

provide complete information in response to written

interrogatories or a written request for documentation

within 30 days of the request.

(c) In appropriate cases, the Department may resolve a

complaint against a licensee through the issuance of a Consent

to Administrative Supervision order. A licensee subject to a

Consent to Administrative Supervision order shall be

considered by the Department as an active licensee in good

standing. This order shall not be reported or considered by

the Department to be a discipline of the licensee. The records

regarding an investigation and a Consent to Administrative

Supervision order shall be considered confidential and shall

not be released by the Department except as mandated by law. A

complainant shall be notified if the his or her complaint has

been resolved by a Consent to Administrative Supervision

order.

(Source: P.A. 97-602, eff. 8-26-11; 97-877, eff. 8-2-12;

98-1109, eff. 1-1-15.)

(225 ILCS 458/15-10.1 new)

Sec. 15-10.1. Citations.

(a) The Department may adopt rules to permit the issuance

of citations to any licensee for failure to comply with the

continuing education requirements set forth in this Act or as

established by rule. The citation shall be issued to the

licensee. For associate real estate trainee appraisers, a copy

shall also be sent to the licensee's supervising appraiser of

record. The citation shall contain the licensee's name, the

licensee's address, the licensee's license number, the number

of required hours of continuing education that have not been

successfully completed by the licensee within the renewal

period, and the penalty imposed, which shall not exceed

$2,000. The issuance of a citation shall not excuse the

licensee from completing all continuing education required for

that renewal period.

(b) Service of a citation shall be made in person,

electronically, or by mail to the licensee at the licensee's

address of record or email address of record. Service of a

citation must clearly state that if the cited licensee wishes

to dispute the citation, the cited licensee may make a written

request, within 30 days after the citation is served, for a

hearing before the Department. If the cited licensee does not

request a hearing within 30 days after the citation is served,

then the citation shall become a final, non-disciplinary

order, and any fine imposed is due and payable within 60 days

after that final order. If the cited licensee requests a

hearing within 30 days after the citation is served, the

Department shall afford the cited licensee a hearing conducted

in the same manner as a hearing provided for in this Act for

any violation of this Act and shall determine whether the

cited licensee committed the violation as charged and whether

the fine as levied is warranted. If the violation is found, any

fine shall constitute non-public discipline and be due and

payable within 30 days after the order of the Secretary, which

shall constitute a final order of the Department. No change in

license status may be made by the Department until a final

order of the Department has been issued.

(c) Payment of a fine that has been assessed pursuant to

this Section shall not constitute disciplinary action

reportable on the Department's website or elsewhere unless a

licensee has previously received 2 or more citations and been

assessed 2 or more fines.

(d) Nothing in this Section shall prohibit or limit the

Department from taking further action pursuant to this Act and

rules for additional, repeated, or continuing violations.

(225 ILCS 458/15-11 new)

Sec. 15-11. Illegal discrimination. When there has been

an adjudication in a civil or criminal proceeding that a

licensee has illegally discriminated while engaged in any

activity for which a license is required under this Act, the

Department, upon the recommendation of the Board as to the

extent of the suspension or revocation, shall suspend or

revoke the license of that licensee in a timely manner, unless

the adjudication is in the appeal process. When there has been

an order in an administrative proceeding finding that a

licensee has illegally discriminated while engaged in any

activity for which a license is required under this Act, the

Department, upon recommendation of the Board as to the nature

and extent of the discipline, shall take one or more of the

disciplinary actions provided for in Section 15-10 in a timely

manner, unless the administrative order is in the appeal

process.

(225 ILCS 458/15-15)

(Section scheduled to be repealed on January 1, 2022)

Sec. 15-15. Investigation; notice; hearing.

(a) Upon the motion of the Department or the Board or upon

a complaint in writing of a person setting forth facts that, if

proven, would constitute grounds for suspension, revocation,

or other disciplinary action against a licensee or applicant

for licensure, the Department shall investigate the actions of

the licensee or applicant. If, upon investigation, the

Department believes that there may be cause for suspension,

revocation, or other disciplinary action, the Department shall

use the services of a State certified general real estate

appraiser, a State certified residential real estate

appraiser, or the Real Estate Coordinator to assist in

determining whether grounds for disciplinary action exist

prior to commencing formal disciplinary proceedings.

(b) Formal disciplinary proceedings shall commence upon

the issuance of a written complaint describing the charges

that are the basis of the disciplinary action and delivery of

the detailed complaint to the address of record of the

licensee or applicant. For an associate real estate trainee

appraiser, a copy shall also be sent to the licensee's

supervising appraiser of record. The Department shall notify

the licensee or applicant to file a verified written answer

within 20 days after the service of the notice and complaint.

The notification shall inform the licensee or applicant of the

his or her right to be heard in person or by legal counsel;

that the hearing will be afforded not sooner than 20 30 days

after service of the complaint; that failure to file an answer

will result in a default being entered against the licensee or

applicant; that the license may be suspended, revoked, or

placed on probationary status; and that other disciplinary

action may be taken pursuant to this Act, including limiting

the scope, nature, or extent of the licensee's practice. If

the licensee or applicant fails to file an answer after

service of notice, the respective his or her license may, at

the discretion of the Department, be suspended, revoked, or

placed on probationary status and the Department may take

whatever disciplinary action it deems proper, including

limiting the scope, nature, or extent of the person's

practice, without a hearing.

(c) At the time and place fixed in the notice, the Board

shall conduct hearing of the charges, providing both the

accused person and the complainant ample opportunity to

present in person or by counsel such statements, testimony,

evidence, and argument as may be pertinent to the charges or to

a defense thereto.

(d) The Board shall present to the Secretary a written

report of its findings of fact and recommendations. A copy of

the report shall be served upon the licensee or applicant,

either personally, or by certified mail, or, at the discretion

of the Department, by electronic means. For associate real

estate trainee appraisers, a copy shall also be sent to the

licensee's supervising appraiser of record. Within 20 days

after the service, the licensee or applicant may present the

Secretary with a motion in writing for either a rehearing, a

proposed finding of fact, a conclusion of law, or an

alternative sanction, and shall specify the particular grounds

for the request. If the accused orders a transcript of the

record as provided in this Act, the time elapsing thereafter

and before the transcript is ready for delivery to the accused

shall not be counted as part of the 20 days. If the Secretary

is not satisfied that substantial justice has been done, the

Secretary may order a rehearing by the Board or other special

committee appointed by the Secretary, may remand the matter to

the Board for its reconsideration of the matter based on the

pleadings and evidence presented to the Board, or may enter a

final order in contravention of the Board's recommendation.

Notwithstanding a licensee's or applicant's failure to file a

motion for rehearing, the Secretary shall have the right to

take any of the actions specified in this subsection (d). Upon

the suspension or revocation of a license, the licensee shall

be required to surrender the respective his or her license to

the Department, and upon failure or refusal to do so, the

Department shall have the right to seize the license.

(e) The Department has the power to issue subpoenas and

subpoenas duces tecum to bring before it any person in this

State, to take testimony, or to require production of any

records relevant to an inquiry or hearing by the Board in the

same manner as prescribed by law in judicial proceedings in

the courts of this State. In a case of refusal of a witness to

attend, testify, or to produce books or papers concerning a

matter upon which the witness he or she might be lawfully

examined, the circuit court of the county where the hearing is

held, upon application of the Department or any party to the

proceeding, may compel obedience by proceedings as for

contempt.

(f) Any license that is suspended indefinitely or revoked

may not be restored for a minimum period of 3 2 years, or as

otherwise ordered by the Secretary.

(g) In addition to the provisions of this Section

concerning the conduct of hearings and the recommendations for

discipline, the Department has the authority to negotiate

disciplinary and non-disciplinary settlement agreements

concerning any license issued under this Act. All such

agreements shall be recorded as Consent Orders or Consent to

Administrative Supervision Orders.

(h) The Secretary shall have the authority to appoint an

attorney duly licensed to practice law in the State of

Illinois to serve as the hearing officer in any action to

suspend, revoke, or otherwise discipline any license issued by

the Department. The Hearing Officer shall have full authority

to conduct the hearing.

(i) The Department, at its expense, shall preserve a

record of all formal hearings of any contested case involving

the discipline of a license. At all hearings or pre-hearing

conferences, the Department and the licensee shall be entitled

to have the proceedings transcribed by a certified shorthand

reporter. A copy of the transcribed proceedings shall be made

available to the licensee by the certified shorthand reporter

upon payment of the prevailing contract copy rate.

(Source: P.A. 100-831, eff. 1-1-19.)

(225 ILCS 458/15-55)

(Section scheduled to be repealed on January 1, 2022)

Sec. 15-55. Checks, credit card charges, or orders to

Department dishonored because of insufficient funds. Any

person who:

(1) delivers a check or other payment to the

Department that is returned to the Department unpaid by

the financial institution upon which it was drawn; or

(2) presents a credit card or debit card for payment

that is invalid or expired or against which charges by the

Department are declined or dishonored;

shall pay to the Department, in addition to the amount already

owed to the Department, a fine of $50. The fines imposed by

this Section are in addition to any other discipline provided

under this Act for unlicensed practice or practice on a

non-renewed license. The Department shall notify the applicant

or licensee that payment of fees and fines shall be paid to the

Department by certified check or money order within 30

calendar days after the notification. If, after the expiration

of 30 days from the date of the notification, the person has

failed to submit the necessary remittance, the Department

shall automatically terminate the license or deny the

application, without hearing. After If, after termination or

denial, the person seeking seeks a license, he or she must

apply to the Department for restoration or issuance of the

license and pay all fees and fines due to the Department. The

Department may establish a fee for the processing of an

application for restoration of a license to pay all of the

expenses of processing the application. The Secretary may

waive the fines due under this Section in individual cases

where the Secretary finds that the penalties or fines would be

unreasonable or unnecessarily burdensome.

(Source: P.A. 96-844, eff. 12-23-09.)

(225 ILCS 458/20-5)

(Section scheduled to be repealed on January 1, 2022)

Sec. 20-5. Education providers.

(a) No person shall operate an education provider entity

without possessing an active license issued by the Department.

Only Beginning July 1, 2002, only education providers licensed

or otherwise approved by the Department may provide the

qualifying and continuing education courses required for

licensure under this Act. Every person that desires to obtain

an education provider license shall make application to the

Department in a manner prescribed by the Department and pay

the fee prescribed by rule.

(b) A person or entity seeking to be licensed as an

education provider under this Act shall provide satisfactory

evidence of the following:

(1) a sound financial base for establishing,

promoting, and delivering the necessary courses;

(2) (blank); a sufficient number of qualified

instructors;

(3) (blank); adequate support personnel to assist with

administrative matters and technical assistance;

(4) (blank); a written policy dealing with procedures

for management of grievances and fee refunds;

(5) a qualified administrator, who is responsible for

the administration of the education provider, courses, and

the actions of the instructors; and

(6) any other requirements as provided by rule; and .

(7) proof of good standing with the Secretary of State

and authority to conduct businesses in this State.

(c) All applicants for an education provider's license

shall make initial application to the Department on forms

provided by the Department, or through a multi-state licensing

system as designated by the Secretary, and pay the appropriate

fee as provided by rule. The term, expiration date, and

renewal of an education provider's license shall be

established by rule.

(d) An education provider shall provide each successful

course participant with a certificate of completion signed by

the school administrator. The format and content of the

certificate shall be specified by rule.

(e) All education providers shall provide to the

Department a monthly roster of all successful course

participants as provided by rule.

(Source: P.A. 100-604, eff. 7-13-18.)

(225 ILCS 458/20-10)

(Section scheduled to be repealed on January 1, 2022)

Sec. 20-10. Course approval.

(a) Only courses offered by licensed education providers

and approved by the Department, courses approved by the AQB,

or courses approved by jurisdictions monitored regulated by

the Appraisal Subcommittee shall be used to meet the

requirements of this Act and rules.

(b) An education provider licensed under this Act may

submit courses to the Department, or through a multi-state

licensing system as designated by the Secretary, for approval.

The criteria, requirements, and fees for courses shall be

established by rule in accordance with this Act and the

criteria established by the AQB.

(c) For each course approved, the Department shall issue a

license to the education provider. The term, expiration date,

and renewal of a course approval shall be established by rule.

(d) An education provider must use an instructor for each

course approved by the Department who (i) holds a valid real

estate appraisal license in good standing as a State certified

general real estate appraiser or a State certified residential

real estate appraiser in Illinois or any other jurisdiction

monitored by the Appraisal Subcommittee, (ii) holds a valid

teaching certificate issued by the State of Illinois, (iii) is

a faculty member in good standing with an accredited college

or university or community college, or (iv) satisfies

requirements established by rule is an approved appraisal

instructor from an appraisal organization that is a member of

the Appraisal Foundation.

(Source: P.A. 100-604, eff. 7-13-18.)

(225 ILCS 458/25-10)

(Section scheduled to be repealed on January 1, 2022)

Sec. 25-10. Real Estate Appraisal Administration and

Disciplinary Board; appointment.

(a) There is hereby created the Real Estate Appraisal

Administration and Disciplinary Board. The Board shall be

composed of the Coordinator and 10 persons appointed by the

Governor, plus the Coordinator of the Real Estate Appraisal

Division. Members shall be appointed to the Board subject to

the following conditions:

(1) All appointed members shall have been residents

and citizens of this State for at least 5 years prior to

the date of appointment.

(2) The appointed membership of the Board should

reasonably reflect the geographic distribution of the

population of the State.

(3) Four appointed members shall have been actively

engaged and currently licensed as State certified general

real estate appraisers for a period of not less than 5

years.

(4) Three Two appointed members shall have been

actively engaged and currently licensed as State certified

residential real estate appraisers for a period of not

less than 5 years.

(5) One Two appointed member members shall hold a

valid license as a real estate broker for at least 3 10

years prior to the date of the appointment and , one of whom

shall hold either a valid State certified general real

estate appraiser license or a valid State certified

residential appraiser license issued under this Act or a

predecessor Act for a period of at least 5 years prior to

the appointment and one of whom shall hold a valid State

certified residential real estate appraiser license issued

under this Act or a predecessor Act for a period of at

least 5 years prior to the appointment.

(6) One appointed member shall be a representative of

a financial institution, as evidenced by proof of his or

her employment with a financial institution.

(7) One appointed member shall represent the interests

of the general public. This member or the member's his or

her spouse shall not be licensed under this Act nor be

employed by or have any financial interest in an appraisal

business, appraisal management company, real estate

brokerage business, or a financial institution.

In making appointments as provided in paragraphs (3) and

(4) of this subsection, the Governor shall give due

consideration to recommendations by members and organizations

representing the profession.

In making the appointments as provided in paragraph (5) of

this subsection, the Governor shall give due consideration to

the recommendations by members and organizations representing

the real estate industry.

In making the appointment as provided in paragraph (6) of

this subsection, the Governor shall give due consideration to

the recommendations by members and organizations representing

financial institutions.

(b) The members' terms shall be for 4 years or until a

successor is appointed and expire upon completion of the term.

No member shall be reappointed to the Board for a term that

would cause the member's his or her cumulative service to the

Board to exceed 10 years. Appointments to fill vacancies shall

be for the unexpired portion of the term.

(c) The Governor may terminate the appointment of a member

for cause that, in the opinion of the Governor, reasonably

justifies the termination. Cause for termination may include,

without limitation, misconduct, incapacity, neglect of duty,

or missing 4 Board meetings during any one fiscal calendar

year.

(d) A majority of the Board members shall constitute a

quorum. A vacancy in the membership of the Board shall not

impair the right of a quorum to exercise all of the rights and

perform all of the duties of the Board.

(e) The Board shall meet at least monthly quarterly and

may be convened by the Chairperson, Vice-Chairperson, or 3

members of the Board upon 10 days written notice.

(f) The Board shall, annually at the first meeting of the

fiscal year, elect a Chairperson and Vice-Chairperson from its

members. The Chairperson shall preside over the meetings and

shall coordinate with the Coordinator in developing and

distributing an agenda for each meeting. In the absence of the

Chairperson, the Vice-Chairperson shall preside over the

meeting.

(g) The Coordinator of the Real Estate Appraisal Division

shall serve as a member of the Board without vote.

(h) The Board shall advise and make recommendations to the

Department on the education and experience qualifications of

any applicant for initial licensure as a State certified

general real estate appraiser or a State certified residential

real estate appraiser. The Department shall not make any

decisions concerning education or experience qualifications of

an applicant for initial licensure as a State certified

general real estate appraiser or a State certified residential

real estate appraiser without having first received the advice

and recommendation of the Board and shall give due

consideration to all such advice and recommendations; however,

if the Board does not render advice or make a recommendation

within a reasonable amount of time, then the Department may

render a decision.

(i) Except as provided in Section 15-17 of this Act, the

Board shall hear and make recommendations to the Secretary on

disciplinary matters that require a formal evidentiary

hearing. The Secretary shall give due consideration to the

recommendations of the Board involving discipline and

questions involving standards of professional conduct of

licensees.

(j) The Department shall seek and the Board shall provide

recommendations to the Department consistent with the

provisions of this Act and for the administration and

enforcement of all rules adopted pursuant to this Act. The

Department shall give due consideration to such

recommendations prior to adopting rules.

(k) The Department shall seek and the Board shall provide

recommendations to the Department on the approval of all

courses submitted to the Department pursuant to this Act and

the rules adopted pursuant to this Act. The Department shall

not approve any courses without having first received the

recommendation of the Board and shall give due consideration

to such recommendations prior to approving and licensing

courses; however, if the Board does not make a recommendation

within a reasonable amount of time, then the Department may

approve courses.

(l) Each voting member of the Board shall receive a per

diem stipend in an amount to be determined by the Secretary.

While engaged in the performance of duties, each Each member

shall be paid the his or her necessary expenses while engaged

in the performance of his or her duties.

(m) Members of the Board shall be immune from suit in an

action based upon any disciplinary proceedings or other acts

performed in good faith as members of the Board.

(n) If the Department disagrees with any advice or

recommendation provided by the Board under this Section to the

Secretary or the Department, then notice of such disagreement

must be provided to the Board by the Department.

(o) (Blank). Upon resolution adopted at any Board meeting,

the exercise of any Board function, power, or duty enumerated

in this Section or in subsection (d) of Section 15-10 of this

Act may be suspended. The exercise of any suspended function,

power, or duty of the Board may be reinstated by a resolution

adopted at a subsequent Board meeting. Any resolution adopted

pursuant to this Section shall take effect immediately.

(Source: P.A. 100-886, eff. 8-14-18.)

(225 ILCS 458/25-15)

(Section scheduled to be repealed on January 1, 2022)

Sec. 25-15. Coordinator of Real Estate Appraisal

Coordinator; appointment; duties. The Secretary shall appoint,

subject to the Personnel Code, a Coordinator of Real Estate

Appraisal. In appointing the Coordinator, the Secretary shall

give due consideration to recommendations made by members,

organizations, and associations of the real estate appraisal

industry. The On or after January 1, 2010, the Coordinator

must hold a current, valid State certified general real estate

appraiser license for a period of at least 5 years prior to

appointment. The Coordinator shall not practice during the

term of the his or her appointment. The Coordinator must take

the 30-hour National Instructors Course on Uniform Standards

of Professional Appraisal Practice. The Coordinator shall be

credited with all fees that came due during the Coordinator's

his or her employment. The Coordinator shall:

(1) serve as a member of the Real Estate Appraisal

Administration and Disciplinary Board without vote;

(2) be the direct liaison between the Department, the

profession, and the real estate appraisal industry

organizations and associations;

(3) prepare and circulate to licensees such

educational and informational material as the Department

deems necessary for providing guidance or assistance to

licensees;

(4) appoint necessary committees to assist in the

performance of the functions and duties of the Department

under this Act;

(5) (blank); and

(6) be authorized to investigate and determine the

facts of a complaint; the coordinator may interview

witnesses, the complainant, and any licensees involved in

the alleged matter and make a recommendation as to the

findings of fact.

(Source: P.A. 97-602, eff. 8-26-11; 98-1109, eff. 1-1-15.)

(225 ILCS 458/25-16)

(Section scheduled to be repealed on January 1, 2022)

Sec. 25-16. Staff. The Department shall employ a minimum

of one investigator with an active certified appraiser license

per 2,000 licensees in order to have sufficient staff to

perform the Department's obligations under this Act.

(Source: P.A. 100-832, eff. 1-1-19.)

(225 ILCS 458/25-20)

(Section scheduled to be repealed on January 1, 2022)

Sec. 25-20. Department; powers and duties. The Department

of Financial and Professional Regulation shall exercise the

powers and duties prescribed by the Civil Administrative Code

of Illinois for the administration of licensing Acts and shall

exercise such other powers and duties as are prescribed by

this Act for the administration of this Act. The Department

may contract with third parties for services necessary for the

proper administration of this Act, including without

limitation, investigators with the proper knowledge, training,

and skills to properly investigate complaints against real

estate appraisers.

The Department shall maintain and update a registry of the

names and addresses of all licensees and a listing of

disciplinary orders issued pursuant to this Act and shall

transmit the registry, along with any national registry fees

that may be required, to the entity specified by, and in a

manner consistent with, Title XI of the federal Financial

Institutions Reform, Recovery and Enforcement Act of 1989.

(Source: P.A. 96-844, eff. 12-23-09.)

(225 ILCS 458/25-25)

(Section scheduled to be repealed on January 1, 2022)

Sec. 25-25. Rules. The Department, after notifying and

considering any recommendations of the Board, if any, shall

adopt rules that may be necessary for administration,

implementation, and enforcement of the Act.

(Source: P.A. 96-844, eff. 12-23-09.)

(225 ILCS 458/25-35 new)

Sec. 25-35. No private right of action. Except as

otherwise expressly provided for in this Act, nothing in this

Act shall be construed to grant to any person a private right

of action to enforce the provisions of this Act or the rules

adopted under this Act.

(225 ILCS 458/30-5)

(Section scheduled to be repealed on January 1, 2022)

Sec. 30-5. Savings provisions.

(a) This Act is intended to replace the Real Estate

Appraiser Licensing Act in all respects.

(b) Beginning July 1, 2002, the rights, powers, and duties

exercised by the Office of Banks and Real Estate under the Real

Estate Appraiser Licensing Act shall continue to be vested in,

to be the obligation of, and to be exercised by the Division of

Real Estate of the Department of Financial and Professional

Regulation Office of Banks and Real Estate under the

provisions of this Act.

(c) This Act does not affect any act done, ratified, or

cancelled, any right occurring or established, or any action

or proceeding commenced in an administrative, civil, or

criminal cause before July 1, 2002 by the Office of Banks and

Real Estate under the Real Estate Appraiser Licensing Act.

Those actions or proceedings may be prosecuted and continued

by the Division of Real Estate of the Department of Financial

and Professional Regulation Office of Banks and Real Estate

under this Act.

(d) This Act does not affect any license, certificate,

permit, or other form of licensure issued by the Office of

Banks and Real Estate under the Real Estate Appraiser

Licensing Act, except as provided is subsection (c) of Section

5-25. All such licenses, certificates, permits, or other form

of licensure shall continue to be valid under the terms and

conditions of this Act.

(e) The rules adopted by the Office of Banks and Real

Estate relating to the Real Estate Appraiser Licensing Act,

unless inconsistent with the provisions of this Act, are not

affected by this Act, and on July 1, 2002, those rules become

rules under this Act. The Office of Banks and Real Estate

shall, as soon as practicable, adopt new or amended rules

consistent with the provisions of this Act.

(f) This Act does not affect any discipline, suspension,

or termination that has occurred under the Real Estate

Appraiser Licensing Act or other predecessor Act. Any action

for discipline, suspension, or termination instituted under

the Real Estate Appraiser Licensing Act shall be continued

under this Act.

(Source: P.A. 92-180, eff. 7-1-02.)

(225 ILCS 458/10-17 rep.)

(225 ILCS 458/30-10 rep.)

Section 85. The Real Estate Appraiser Licensing Act of

2002 is amended by repealing Sections 10-17 and 30-10.

Section 90. The Appraisal Management Company Registration

Act is amended by changing Sections 10 and 15 as follows:

(225 ILCS 459/10)

Sec. 10. Definitions. In this Act:

"Address of record" means the principal address recorded

by the Department in the applicant's or registrant's

application file or registration file maintained by the

Department's registration maintenance unit.

"Applicant" means a person or entity who applies to the

Department for a registration under this Act.

"Appraisal" means (noun) the act or process of developing

an opinion of value; an opinion of value (adjective) of or

pertaining to appraising and related functions.

"Appraisal firm" means an appraisal entity that is 100%

owned and controlled by a person or persons licensed in

Illinois as a certified general real estate appraiser or a

certified residential real estate appraiser. An appraisal firm

does not include an appraisal management company.

"Appraisal management company" means any corporation,

limited liability company, partnership, sole proprietorship,

subsidiary, unit, or other business entity that directly or

indirectly: (1) provides appraisal management services to

creditors or secondary mortgage market participants, including

affiliates; (2) provides appraisal management services in

connection with valuing the consumer's principal dwelling as

security for a consumer credit transaction (including consumer

credit transactions incorporated into securitizations); and

(3) within a given year, oversees an appraiser panel of any

size of State-certified appraisers in Illinois; and (4) any

appraisal management company that, within a given 12-month

period year, oversees an appraiser panel of 16 or more

State-certified appraisers in Illinois or 25 or more

State-certified or State-licensed appraisers in 2 or more

jurisdictions shall be subject to the appraisal management

company national registry fee in addition to the appraiser

panel fee. "Appraisal management company" includes a hybrid

entity.

"Appraisal management company national registry fee" means

the fee implemented pursuant to Title XI of the federal

Financial Institutions Reform, Recovery and Enforcement Act of

1989 for an appraiser management company's national registry.

"Appraisal management services" means one or more of the

following:

(1) recruiting, selecting, and retaining appraisers;

(2) contracting with State-certified or State-licensed

appraisers to perform appraisal assignments;

(3) managing the process of having an appraisal

performed, including providing administrative services

such as receiving appraisal orders and appraisal reports;

submitting completed appraisal reports to creditors and

secondary market participants; collecting compensation

from creditors, underwriters, or secondary market

participants for services provided; or paying appraisers

for services performed; or

(4) reviewing and verifying the work of appraisers.

"Appraiser panel" means a network, list, or roster of

licensed or certified appraisers approved by the appraisal

management company or by the end-user client to perform

appraisals as independent contractors for the appraisal

management company. "Appraiser panel" includes both appraisers

accepted by an appraisal management company for consideration

for future appraisal assignments and appraisers engaged by an

appraisal management company to perform one or more

appraisals. For the purposes of determining the size of an

appraiser panel, only independent contractors of hybrid

entities shall be counted towards the appraiser panel.

"Appraiser panel fee" means the amount collected from a

registrant that, where applicable, includes an appraisal

management company's national registry fee.

"Appraisal report" means a written appraisal by an

appraiser to a client.

"Appraisal practice service" means valuation services

performed by an individual acting as an appraiser, including,

but not limited to, appraisal or appraisal review.

"Appraisal subcommittee" means the appraisal subcommittee

of the Federal Financial Institutions Examination Council as

established by Title XI.

"Appraiser" means a person who performs real estate or

real property appraisals.

"Assignment result" means an appraiser's opinions and

conclusions developed specific to an assignment.

"Audit" includes, but is not limited to, an annual or

special audit, visit, or review necessary under this Act or

required by the Secretary or the Secretary's authorized

representative in carrying out the duties and responsibilities

under this Act.

"Client" means the party or parties who engage an

appraiser by employment or contract in a specific appraisal

assignment.

"Controlling Person" means:

(1) an owner, officer, or director of an entity

seeking to offer appraisal management services;

(2) an individual employed, appointed, or authorized

by an appraisal management company who has the authority

to:

(A) enter into a contractual relationship with a

client for the performance of an appraisal management

service or appraisal practice service; and

(B) enter into an agreement with an appraiser for

the performance of a real estate appraisal activity;

(3) an individual who possesses, directly or

indirectly, the power to direct or cause the direction of

the management or policies of an appraisal management

company; or

(4) an individual who will act as the sole compliance

officer with regard to this Act and any rules adopted

under this Act.

"Coordinator" means the Coordinator of the Appraisal

Management Company Registration Unit of the Department or his

or her designee.

"Covered transaction" means a consumer credit transaction

secured by a consumer's principal dwelling.

"Department" means the Department of Financial and

Professional Regulation.

"Email address of record" means the designated email

address recorded by the Department in the applicant's

application file or the registrant's registration file

maintained by the Department's registration maintenance unit.

"Entity" means a corporation, a limited liability company,

partnership, a sole proprietorship, or other entity providing

services or holding itself out to provide services as an

appraisal management company or an appraisal management

service.

"End-user client" means any person who utilizes or engages

the services of an appraiser through an appraisal management

company.

"Federally regulated appraisal management company" means

an appraisal management company that is owned and controlled

by an insured depository institution, as defined in 12 U.S.C.

1813, or an insured credit union, as defined in 12 U.S.C. 1752,

and regulated by the Office of the Comptroller of the

Currency, the Federal Reserve Board, the National Credit Union

Association, or the Federal Deposit Insurance Corporation.

"Financial institution" means any bank, savings bank,

savings and loan association, credit union, mortgage broker,

mortgage banker, registrant under the Consumer Installment

Loan Act or the Sales Finance Agency Act, or a corporate

fiduciary, subsidiary, affiliate, parent company, or holding

company of any registrant, or any institution involved in real

estate financing that is regulated by State or federal law.

"Foreign appraisal management company" means any appraisal

management company organized under the laws of any other state

of the United States, the District of Columbia, or any other

jurisdiction of the United States.

"Hybrid entity" means an appraisal management company that

hires an appraiser as an employee to perform an appraisal and

engages an independent contractor to perform an appraisal.

"Multi-state licensing system" means a web-based platform

that allows an applicant to submit the his or her application

or registration renewal to the Department online.

"Person" means individuals, entities, sole

proprietorships, corporations, limited liability companies,

and alien, foreign, or domestic partnerships, except that when

the context otherwise requires, the term may refer to a single

individual or other described entity.

"Principal dwelling" means a residential structure that

contains one to 4 units, whether or not that structure is

attached to real property. "Principal dwelling" includes an

individual condominium unit, cooperative unit, manufactured

home, mobile home, and trailer, if it is used as a residence.

"Principal office" means the actual, physical business

address, which shall not be a post office box or a virtual

business address, of a registrant, at which (i) the Department

may contact the registrant and (ii) records required under

this Act are maintained.

"Qualified to transact business in this State" means being

in compliance with the requirements of the Business

Corporation Act of 1983.

"Quality control review" means a review of an appraisal

report for compliance and completeness, including grammatical,

typographical, or other similar errors, unrelated to

developing an opinion of value.

"Real estate" means an identified parcel or tract of land,

including any improvements.

"Real estate related financial transaction" means any

transaction involving:

(1) the sale, lease, purchase, investment in, or

exchange of real property, including interests in property

or the financing thereof;

(2) the refinancing of real property or interests in

real property; and

(3) the use of real property or interest in property

as security for a loan or investment, including mortgage

backed securities.

"Real property" means the interests, benefits, and rights

inherent in the ownership of real estate.

"Secretary" means the Secretary of Financial and

Professional Regulation.

"USPAP" means the Uniform Standards of Professional

Appraisal Practice as adopted by the Appraisal Standards Board

under Title XI.

"Valuation" means any estimate of the value of real

property in connection with a creditor's decision to provide

credit, including those values developed under a policy of a

government sponsored enterprise or by an automated valuation

model or other methodology or mechanism.

"Written notice" means a communication transmitted by mail

or by electronic means that can be verified between an

appraisal management company and a licensed or certified real

estate appraiser.

(Source: P.A. 100-604, eff. 7-13-18.)

(225 ILCS 459/15)

Sec. 15. Exemptions.

(a) Nothing in this Act shall apply to any of the

following:

(1) an agency of the federal, State, county, or

municipal government or an officer or employee of a

government agency, or person, described in this Section

when acting within the scope of employment of the officer

or employee;

(2) a corporate relocation company when the appraisal

is not used for mortgage purposes and the end user client

is an employer company;

(3) any person licensed in this State under any other

Act while engaged in the activities or practice for which

he or she is licensed;

(4) any person licensed to practice law in this State

who is working with or on behalf of a client of that person

in connection with one or more appraisals for that client;

(5) an appraiser that enters into an agreement,

whether written or otherwise, with another appraiser for

the performance of an appraisal, and upon the completion

of the appraisal, the report of the appraiser performing

the appraisal is signed by both the appraiser who

completed the appraisal and the appraiser who requested

the completion of the appraisal, except that an appraisal

management company may not avoid the requirement of

registration under this Act by requiring an employee of

the appraisal management company who is an appraiser to

sign an appraisal that was completed by another appraiser

who is part of the appraisal panel of the appraisal

management company;

(6) any person acting as an agent of the Illinois

Department of Transportation in the acquisition or

relinquishment of land for transportation issues to the

extent of their contract scope;

(7) a design professional entity when the appraisal is

not used for mortgage purposes and the end user client is

an agency of State government or a unit of local

government;

(8) an appraiser firm whose ownership is appropriately

certified under the Real Estate Appraiser Licensing Act of

2002; or

(9) an appraisal management company solely engaged in

non-residential appraisal management services; or .

(10) a department or division of an entity that

provides appraisal management services only to that

entity.

(b) A federally regulated appraisal management company

shall register with the Department for the sole purpose of

collecting required information for, and to pay all fees

associated with, the State of Illinois' obligation to register

the federally regulated appraisal management company with the

Appraisal Management Companies National Registry, but the

federally regulated appraisal management company is otherwise

exempt from all other provisions in this Act.

(c) In the event that the Final Interim Rule of the federal

Dodd-Frank Wall Street Reform and Consumer Protection Act

provides that an appraisal management company is a subsidiary

owned and controlled by a financial institution regulated by a

federal financial institution's regulatory agency and is

exempt from State appraisal management company registration

requirements, the Department, shall, by rule, provide for the

implementation of such an exemption.

(Source: P.A. 100-604, eff. 7-13-18.)

Section 95. The Petroleum Equipment Contractors Licensing

Act is amended by changing Sections 35, 45, 60, and 65 and by

adding Section 73 as follows:

(225 ILCS 729/35)

(Section scheduled to be repealed on January 1, 2022)

Sec. 35. Licensure qualifications and fees.

(a) Applicants for a license must submit to the Office all

of the following:

(1) fees as established by the Office;

(2) evidence of current registration as an Illinois

corporation or other business entity and, when applicable,

evidence of compliance with the Assumed Business Name Act;

if the corporation or business entity does not have

evidence of current registration, such as a Secretary of

State issued Certificate of Good Standing, the Office has

the authority to deny or revoke the license of such a

corporation or business entity;

(3) evidence of financial responsibility in a minimum

amount of $1,000,000 through liability insurance,

self-insurance, group insurance, group self-insurance, or

risk retention groups that must include completed

operations and environmental impairment; and

(4) evidence of compliance with the qualifications and

standards established by the Office.

(b) The contractor must possess a license from the Office

to perform the following types of activity:

(1) installation of underground storage tanks;

(2) repair of USTs, which shall include retrofitting

and installation of cathodic protection systems;

(3) decommissioning of USTs including abandonment in

place;

(4) relining of USTs;

(5) tank and piping tightness testing;

(6) testing of cathodic protection systems; and

(7) any other category established by the Office of

the State Fire Marshal.

(c) (Blank).

(Source: P.A. 97-428, eff. 8-16-11.)

(225 ILCS 729/45)

(Section scheduled to be repealed on January 1, 2022)

Sec. 45. Issuance of license; renewal.

(a) The State Fire Marshal shall, upon the applicant's

satisfactory completion of the requirements authorized under

this Act, and upon receipt of the requisite fees, issue the

appropriate license showing the name and business location of

the licensee and the dates of issuance and expiration.

(b) Each licensee may apply for renewal of his or her

license upon payment of the requisite fee. The expiration date

and renewal period for each license issued under this Act

shall be set by rule. Failure to renew by the expiration date

shall cause the license to lapse. A lapsed license may not be

reinstated until an a written application is filed, the

renewal fee is paid, and a $50 reinstatement fee is paid. The

renewal and reinstatement fees shall be waived for persons who

did not renew while on active duty in the military and who file

for renewal or restoration within one year after discharge

from the active duty service.

(c) All fees paid pursuant to this Act are non-refundable.

This shall not preclude the State Fire Marshal from refunding

accidental overpayment of fees.

(Source: P.A. 97-428, eff. 8-16-11.)

(225 ILCS 729/60)

(Section scheduled to be repealed on January 1, 2022)

Sec. 60. License renewal; display of license; inspection.

(a) As a condition of renewal of a license, the State Fire

Marshal may require the licensee to report information

pertaining to his or her practice that the State Fire Marshal

determines to be in the interest of public safety.

(b) A licensee shall report a change in home or office

address within 10 days.

(c) Each licensee shall prominently display his or her

license to practice at each place from which the practice is

being performed. If more than one location is used, branch

office certificates shall be issued upon payment of the fees

to be established by the State Fire Marshal.

(d) If a license or certificate is lost, a duplicate shall

be issued upon payment of the required fee to be established by

the State Fire Marshal. If a licensee wishes to change his or

her name, the State Fire Marshal shall issue a license in the

new name upon payment of the required fee and upon receipt of

satisfactory proof that the change was done in accordance with

law.

(e) Each licensee shall permit his or her facilities to be

inspected by representatives of the Office of the State Fire

Marshal.

(Source: P.A. 97-428, eff. 8-16-11.)

(225 ILCS 729/65)

(Section scheduled to be repealed on January 1, 2022)

Sec. 65. Disciplinary actions. Licensees shall be subject

to disciplinary action for any of the following:

(1) obtaining or renewing a license by the use of

fraud or material deception;

(2) being professionally incompetent as manifested by

poor standards of service;

(3) engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public in the course of professional

services or activities;

(4) being convicted of a crime that has a substantial

relationship to his or her practice or an essential

element of which is misstatement, fraud, or dishonesty,

being convicted in this or another state of any crime that

is a felony under the laws of Illinois or of that state, or

being convicted of a felony in a federal court, unless the

licensee demonstrates that he or she has been sufficiently

rehabilitated to warrant the public trust;

(5) performing any service in a grossly negligent

manner or permitting any licensed employee to perform

services in a grossly negligent manner, regardless of

whether actual damage or damage to the public is

established;

(6) (blank); being a habitual drunk or having a

habitual addiction to the use of morphine, cocaine,

controlled substances, or other habit-forming drugs;

(7) willfully receiving compensation, directly or

indirectly, for any professional service not actually

rendered;

(8) having disciplinary action taken against his or

her license in another State;

(9) contracting or assisting unlicensed persons to

perform services for which a license is required under

this Act;

(10) permitting the use of his or her license to

enable an unlicensed person or agency to operate as a

licensee;

(11) performing and charging for services without

having authorization to do so from the member of the

public being served; or

(12) failing to comply with any provision of this Act

or the rules adopted under this Act.

(Source: P.A. 92-618, eff. 7-11-02.)

(225 ILCS 729/73 new)

Sec. 73. Citations.

(a) The Office of the State Fire Marshal may adopt rules to

permit the issuance of citations for certain violations of

this Act or the rules adopted under this Act. The citation

shall be issued to the licensee and shall contain the

licensee's name and address, the licensee's license number, a

brief factual statement, the Sections of the law or rules

allegedly violated, and the penalty imposed. The citation must

clearly state that the licensee may choose, in lieu of

accepting the citation, to request a hearing to appeal the

citation. If the licensee does not file a written appeal of the

citation with the Office of the State Fire Marshal within 15

days after the citation is served, then the citation shall

become a final order imposing a monetary penalty. The penalty

shall be a monetary civil fine. In the event of a timely

written appeal, the Office of the State Fire Marshal shall

conduct an administrative hearing governed by the Illinois

Administrative Procedure Act and enter an order to sustain,

modify, or revoke such citation. Any appeal from such hearing

order shall be to the circuit court of the county in which the

violation took place and shall be governed by the

Administrative Review Law.

(b) The Office of the State Fire Marshal shall adopt rules

designating violations for which a citation may be issued,

which may specify separate hearing procedures for appeals of

such citations so long as the hearing procedures are not

inconsistent with the Illinois Administrative Procedure Act.

(c) Service of a citation may be made by personal service

or certified mail to the licensee at the licensee's last known

address as listed with the Office of the State Fire Marshal.

Section 100. The Mercury Thermostat Collection Act is

amended by changing Section 55 as follows:

(415 ILCS 98/55)

(Section scheduled to be repealed on January 1, 2022)

Sec. 55. Repealer. This Act is repealed on January 1, 2023

2022.

(Source: P.A. 101-639, eff. 6-12-20.)

Section 105. The Professional Service Corporation Act is

amended by changing Section 3.6 as follows:

(805 ILCS 10/3.6) (from Ch. 32, par. 415-3.6)

Sec. 3.6. "Related professions" and "related professional

services" mean more than one personal service which requires

as a condition precedent to the rendering thereof the

obtaining of a license and which prior to October 1, 1973 could

not be performed by a corporation by reason of law; provided,

however, that these terms shall be restricted to:

(1) a combination of 2 or more of the following

personal services: (a) "architecture" as defined in

Section 5 of the Illinois Architecture Practice Act of

1989, (b) "professional engineering" as defined in Section

4 of the Professional Engineering Practice Act of 1989,

(c) "structural engineering" as defined in Section 5 of

the Structural Engineering Practice Act of 1989, (d) "land

surveying" as defined in Section 2 of the Illinois

Professional Land Surveyor Act of 1989;

(2) a combination of the following personal services:

(a) the practice of medicine by persons licensed under the

Medical Practice Act of 1987, (b) the practice of podiatry

as defined in the Podiatric Medical Practice Act of 1987,

(c) the practice of dentistry as defined in the Illinois

Dental Practice Act, (d) the practice of optometry as

defined in the Illinois Optometric Practice Act of 1987;

(3) a combination of 2 or more of the following

personal services: (a) the practice of clinical psychology

by persons licensed under the Clinical Psychologist

Licensing Act, (b) the practice of social work or clinical

social work by persons licensed under the Clinical Social

Work and Social Work Practice Act, (c) the practice of

marriage and family therapy by persons licensed under the

Marriage and Family Therapy Licensing Act, (d) the

practice of professional counseling or clinical

professional counseling by persons licensed under the

Professional Counselor and Clinical Professional Counselor

Licensing and Practice Act, or (e) the practice of sex

offender evaluations by persons licensed under the Sex

Offender Evaluation and Treatment Provider Act; or

(4) a combination of 2 or more of the following

personal services: (a) the practice of acupuncture by

persons licensed under the Acupuncture Practice Act, (b)

the practice of massage by persons licensed under the

Massage Therapy Practice Licensing Act, (c) the practice

of naprapathy by persons licensed under the Naprapathic

Practice Act, (d) the practice of occupational therapy by

persons licensed under the Illinois Occupational Therapy

Practice Act, (e) the practice of physical therapy by

persons licensed under the Illinois Physical Therapy Act,

or (f) the practice of speech-language therapy by persons

licensed under the Illinois Speech-Language Pathology and

Audiology Practice Act.

(Source: P.A. 101-95, eff. 7-19-19.)